# In the matter of A.A Auctioneers and Contractors Private Limited CP (IB) No.336-MB-IV-2020

> NCLT judgment dated 2023-01-27. Citation: TCN-2023-NCLT-04869. The case originates from a Company Petition filed under Section 9 of the Insolvency &…

- **Court:** NCLT
- **Order date:** 27 Jan 2023
- **Citation:** TCN-2023-NCLT-04869
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/aa-auctioneers-and-contractors-private-limited-cp-ib-no336-mb-iv-2020-390ad020

## Summary

### Background

The case originates from a Company Petition filed under Section 9 of the Insolvency & Bankruptcy Code, 2016 (IBC) by Whiteland Engineering Technologies Private Limited, the Operational Creditor, seeking the initiation of the Corporate Insolvency Resolution Process (CIRP) against A.A Auctioneers and Contractors Private Limited, the Corporate Debtor. The Operational Creditor claims that the Corporate Debtor defaulted on a payment of Rs. 18,18,380/- plus interest for services rendered.

## Facts

Whiteland Engineering Technologies Private Limited (Operational Creditor) filed a Company Petition under Section 9 of the Insolvency & Bankruptcy Code, 2016 (IBC) against A.A Auctioneers and Contractors Private Limited (Corporate Debtor). The Operational Creditor claimed that the Corporate Debtor defaulted on a payment of Rs. 18,18,380/- plus interest for services rendered, specifically for 'Execution of HDDs for crossings at KKBMPL- PH-II-SEC-1' as per invoice no 063/2018-19 dated 31.03.2019. The Operational Creditor issued a Demand Notice in Form 3 on 12.08.2019. The Corporate Debtor did not file any reply to the demand notice. The Corporate Debtor objected to the admission of the petition, citing a pre-existing dispute and non-delivery of services stipulated in

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## Issues and analysis

### Issue 1: Whether the debt and default exist as …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) allows an operational

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**Reasoning:** The court found that the Operational Creditor had provided sufficient evidence to

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**Interpretation:** The court interpreted Section 9 of the IBC to mean that if an operational

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**Application:** In this case, the Operational Creditor provided an invoice and a demand notice,

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## Parties

- **Judges:** Prabhat…; KISHORE VEMULAPALL…
- **Appellants:** Whiteland…
- **Respondents:** AA Auctioneers…

## Timeline

- **2018-11-01 — Reminder for…**: The Operational Creditor repeatedly reminded the Corporate Debtor on phone and via emails…
- **2018-12-12 — Letter to Corporate…**: The Operational Creditor wrote a letter to the Corporate Debtor reminding them of the due…

## 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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