# In the matter of Adarsh Super Construction Private Limited IA No.1779-2022 in CP (IB) No.227-Chd-PB-2019

> NCLT judgment dated 2023-05-15. Citation: TCN-2023-NCLT-03368. The application IA No. 1779/2022 is filed by M/s Stone World against Adarsh Super Construction…

- **Court:** NCLT
- **Order date:** 15 May 2023
- **Citation:** TCN-2023-NCLT-03368
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/adarsh-super-construction-private-limited-ia-no1779-2022-in-cp-ib-no227-chd-pb-2-92848980

## Summary

### Background

The application IA No. 1779/2022 is filed by M/s Stone World against Adarsh Super Construction Private Limited under Rule 11 of NCLT Rules, 2016, seeking amendment of the reply. A petition under section 9 of IBC, 2016, has been filed against the Applicant/Corporate Debtor. The applicant/Corporate Debtor has already filed a reply to the main petition, but several important facts have not been placed on record due to the lack of professional advice. The amended reply has been attached as Annexure- A of Dairy No. 02635 dated 17.10.2022. The respondent submitted that they have filed a reply dated 24.4.2019 to the demand notice dated 08.02.2019. The respondent has made averments about the intimation of defective material of Invoice No. 85 of 30.06.2017 to the petitioner.

## Facts

M/s Stone World filed an application against Adarsh Super Construction Private Limited seeking amendment of the reply under Rule 11 of NCLT Rules, 2016. A petition under section 9 of IBC, 2016, was filed against the Applicant/Corporate Debtor. The applicant/Corporate Debtor had filed a reply to the main petition, but important facts were not placed on record due to lack of professional advice. The amended reply was attached as Annexure- A of Dairy No. 02635 dated 17.10.2022. The respondent submitted a reply dated 24.4.2019 to the demand notice dated 08.02.2019, and made averments about the intimation of defective material of Invoice No. 85 of 30.06.2017 to the petitioner. The respondent also claimed that there was no agreement for payment of interest as per invoices,

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## Issues and analysis

### Issue 1: Whether the applicant should be allowed to …

**Ratio:** The Hon'ble Apex Court, in the case of Dena Bank (now Bank of Baroda) Vs. C. Shivkumar

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**Reasoning:** The court noted that the applicant had substantially revised its submissions in the

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**Interpretation:** The interpretation of the Dena Bank case provides the adjudicating authority

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**Application:** The court applied the ratio of the Dena Bank case to the present case,

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## Parties

- **Judges:** Harnam Singh…; SUBRATA KUM…
- **Appellants:** Stone W…
- **Respondents:** Adarsh Super…

## Timeline

- **2019-02-08 — Demand Noti…**: Demand notice was…
- **2019-04-24 — Reply to Deman…**: The respondent filed a…

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