# In the matter of A.K. Hirise Private Limited CP(IB) No. 36-KB-2019

> NCLT judgment dated 2022-05-20. Citation: TCN-2022-NCLT-02683. Chhotaria Exim Private Limited, the operational creditor, filed a Company Petition under…

- **Court:** NCLT
- **Order date:** 20 May 2022
- **Citation:** TCN-2022-NCLT-02683
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/ak-hirise-private-limited-cpib-no-36-kb-2019-c8c71a94

## Summary

### Background

Chhotaria Exim Private Limited, the operational creditor, filed a Company Petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against A.K. Hirise Private Limited, the corporate debtor. The operational creditor claimed that it had supplied goods (TMT Bars, MS Plates, and Joist) to the corporate debtor against invoices dated 03-01-2016, 02-13-2018, and 05-05-2018. While the corporate debtor made partial payments, it failed to clear the entire outstanding dues.

## Facts

Chhotaria Exim Private Limited (Operational Creditor) filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against A.K. Hirise Private Limited (Corporate Debtor). The Operational Creditor claimed that it supplied TMT Bars, MS Plates, and Joist to the Corporate Debtor against invoices dated March 1, 2016, February 13, 2018, and May 5, 2018. The Corporate Debtor made partial payments but failed to clear the entire dues. The total amount claimed by the Operational Creditor as of October 10, 2018, was ₹16,76,249.58, including interest at 18% per annum. The date of default was March 31, 2018. The Operational Creditor sent a demand notice under Section 8 of IBC to the Corporate Debtor on

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## Issues and analysis

### Issue 1: Whether a pre-existing dispute existed between the operational creditor and the corporate debtor …

**Ratio:** The existence of a pre-existing dispute, even if not explicitly mentioned in the reply to

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**Reasoning:** The court noted that the Corporate Debtor had raised concerns about the quality of the

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**Interpretation:** The interpretation of 'pre-existing dispute' under the IBC requires the

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**Application:** In this case, the Corporate Debtor's letters regarding the quality of goods,

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## Parties

- **Judges:** RohitKa…; Harish Chander…
- **Appellants:** Chhotaria Exim…
- **Respondents:** A.K. Hirise…

## Timeline

- **2016-03-01 — Invoice…**: One of the invoice dates for the goods supplied by the Operational Creditor to the…
- **2018-02-13 — Invoice…**: One of the invoice dates for the goods supplied by the Operational Creditor to the…

## 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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