# In the matter of Windsor Realty Private Limited C.P. No. 1261-IBC-MB-2019

> NCLT judgment dated 2021-09-20. Citation: TCN-2021-NCLT-01073. Inmac Computers Private Limited, the Operational Creditor, filed a petition under Section 9 of…

- **Court:** NCLT
- **Order date:** 20 Sept 2021
- **Citation:** TCN-2021-NCLT-01073
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/windsor-realty-private-limited-cp-no-1261-ibc-mb-2019-a106ecc4

## Summary

### Background

Inmac Computers Private Limited, the Operational Creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against Windsor Realty Private Limited, the Corporate Debtor, for an operational debt of Rs. 52,40,999/-. The Operational Creditor claimed that the debt arose from the supply of DELL laptops and MS Office software to the Corporate Debtor based on a purchase order dated 01.10.2018. The Corporate Debtor, however, contended that the purchase order was fraudulent, issued by an unauthorized individual, Mr. Satish Kale, who was not an employee of the company but of Windsor Condominium. The Corporate Debtor also filed an FIR against Mr. Satish Kale and informed the

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## Facts

Inmac Computers Private Limited (Operational Creditor) claimed that Windsor Realty Private Limited (Corporate Debtor) owed them Rs. 52,40,999/- for the supply of DELL laptops and MS Office software based on a purchase order dated 01.10.2018. The Operational Creditor stated that the goods were delivered on 01.10.2018, and the Corporate Debtor confirmed its liability in a letter dated 19.11.2018. A demand notice was sent on 28.12.2018. Windsor Realty Private Limited argued that the purchase order was fraudulent, issued by Mr. Satish Kale, who was not an employee of the company but of Windsor Condominium. They claimed they discovered the fraud in December 2018 and filed an FIR against Mr. Kale on 24.12.2018. They also informed the Operational Creditor about the fraud

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the IBC is maintainable given the pre-existing dispute …

**Ratio:** Application u/s 9 of the Code by Operational Creditor is not maintainable in the event

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**Reasoning:** The NCLT relied on the principle that a Section 9 application is not maintainable if a

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**Interpretation:** The interpretation of Section 9 of the IBC, as clarified by the Supreme Court

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**Application:** In this case, the Corporate Debtor filed an FIR against Mr. Satish Kale and

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## Parties

- **Judges:** H.V. Subb…; Chandra Bha…
- **Appellants:** Inmac Computers…
- **Respondents:** Windsor Realty…

## Timeline

- **2018-10-01 — Purchase Ord…**: Purchase order issued by Corporate Debtor for supply of DELL Laptops and MS Office…
- **2018-10-01 — Delivery of…**: Laptops were delivered…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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