# In the matter of Alumayer India Private Limited C.P. No. 1722-IBC-MB-2017

> NCLT judgment dated 2022-07-06. Citation: TCN-2022-NCLT-01850. The case involves a company petition filed by Classic Glass Glazing, the Operational Creditor,…

- **Court:** NCLT
- **Order date:** 6 Jul 2022
- **Citation:** TCN-2022-NCLT-01850
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/alumayer-india-private-limited-cp-no-1722-ibc-mb-2017-11a9fe75

## Summary

### Background

The case involves a company petition filed by Classic Glass Glazing, the Operational Creditor, against Alumayer India Private Limited, the Corporate Debtor, seeking to initiate the Corporate Insolvency Resolution Process (CIRP) under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Operational Creditor claims an unresolved operational debt of Rs. 35,25,068/-. The Corporate Debtor admitted to owing Rs. 24,78,045/- as of 12.12.2014.

## Facts

Classic Glass Glazing (Operational Creditor) filed a petition against Alumayer India Private Limited (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate CIRP for an operational debt of Rs. 35,25,068/-. The Operational Creditor and Corporate Debtor entered into a contract around June 2012, where the Operational Creditor was to supply goods and render services. Work orders were issued by the Corporate Debtor on 13.06.2012 and 25.11.2013 for different projects. The Corporate Debtor certified invoices for Rs. 64,44,438/-, but made irregular payments totaling Rs. 42,47,302/-, leaving a balance of Rs. 21,21,642/-. The last payment was made on 21.02.2015 for Rs. 2,56,583/-. A Demand Notice was issued on 19.09.2019, which the

…

## Issues and analysis

### Issue 1: Whether the Company Petition satisfies all the legal requirements for admission under Section 9 of …

**Ratio:** The legal principle is that a company petition under Section 9 of the IBC can be admitted

…

**Reasoning:** The court reasoned that the Corporate Debtor admitted to an outstanding liability in a

…

**Interpretation:** Section 9 of the IBC allows an operational creditor to initiate CIRP against a

…

**Application:** The court applied the ratio to the facts by noting that the Corporate Debtor

…

## Parties

- **Judges:** H.V. Subb…; ANURADHA SANJAY…
- **Appellants:** Classic Glass…
- **Respondents:** Alumayer India…; Alumayer India…
- **Advocates:** Aayush…; Omkar G…

## Timeline

- **2012-06-01 — Contract Ag…**: The Applicant and the Respondent entered into a contract around June, 2012, appointing…
- **2012-06-13 — Work Order…**: The Corporate Debtor issued work orders dated…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/alumayer-india-private-limited-cp-no-1722-ibc-mb-2017-11a9fe75