# Qlar Technology India Private Limited vs. Kupps & Sachs India Private Limited

> NCLT judgment dated 2026-09-28. Citation: TCN-2026-NCLT-01191. Qlar Technology India Private Limited (Operational Creditor), formerly Schenck Process…

- **Court:** NCLT
- **Order date:** 28 Sept 2026
- **Citation:** TCN-2026-NCLT-01191
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chennai/kupps-sachs-india-private-limited-a17kh

## Summary

### Background

Qlar Technology India Private Limited (Operational Creditor), formerly Schenck Process Solutions India Private Limited, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) against Kupps & Sachs India Private Limited (Corporate Debtor) to initiate the Corporate Insolvency Resolution Process (CIRP). The application was for an unpaid operational debt of Rs. 1,09,91,045/-, which included interest, arising from the supply of a TMT Fulfiller Bulk Loader Machine. The Corporate Debtor disputed the maintainability of the application, arguing that the principal outstanding amount was below the minimum threshold of Rs. 1 Crore and alleging delays and inefficiencies on the part of the Operational Creditor.

## Facts

An application was filed under Section 9 of the IBC by Qlar Technology India Private Limited (Operational Creditor/Applicant) against Kupps & Sachs India Private Limited (Corporate Debtor) to initiate CIRP.

The Operational Creditor was formerly known as Schenck Process Solutions India Private Limited and changed its name on 06.11.2024.

The Corporate Debtor was incorporated on 15.11.2006 with a nominal share capital of Rs. 1,95,00,000/-.

The total outstanding debt claimed is Rs. 1,09,91,045/-, which includes Rs. 13,79,345/- as 18% p.a. interest.

The date of default occurred on 14.04.2023.

The Operational Creditor was engaged to supply a TMT Fulfiller Bulk Loader Machine for the Dangote Project, pursuant to a Purchase Order dated 12.10.2019.

…

## Issues and analysis

### Issue 1: Whether the application filed under Section 9 of …

**Ratio:** An application for recovery of debt under Article 137 of the Limitation Act, 1963, has a

…

**Reasoning:** The date of default was 13.04.2023, and the

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**Interpretation:** The filing date falls within the

…

**Application:** The application is within

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## Parties

- **Judges:** Shri. JYOTI KUMAR…; SHRI. RAVICHANDRAN…
- **Appellants:** Qlar Technology…
- **Respondents:** Kupps & Sachs…
- **Other parties:** Sanjee…; Schenck Process…
- **Advocates:** Jidesh…; Naved Pra…; +3 more

## Timeline

- **2019-10-12 — Purchase Orde…**: Corporate Debtor placed a Purchase Order for the supply of TMT Fulfiller Bulk Loader…
- **2019-10-15 — Advance Payment by…**: Corporate Debtor made an advance…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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