# 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-01858. 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-01858
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/alumayer-india-private-limited-cp-no-1722-ibc-mb-2017-59cd9ac2

## Summary

### Background

The case involves a company petition filed by Classic Glass Glazing, the Operational Creditor, against Alumayer India Private Limited, the Corporate Debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate the Corporate Insolvency Resolution Process (CIRP). 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 company 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 had entered into a contract around June 2012, where the Operational Creditor was to supply goods and render services for work contracts, including steel work, unitized structure glazing, and other services. The Corporate Debtor issued work orders dated 13.06.2012 and 25.11.2013 for GHQ Reliance and RTG Ghansoli projects, respectively. The Corporate Debtor also appointed the Operational Creditor for another project, Lodha Supremus. The Corporate Debtor certified invoices

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## Issues and analysis

### Issue 1: Whether the company petition filed by the Operational Creditor satisfies the legal requirements for …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, read with Rule 6 of the Insolvency

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**Reasoning:** The court observed that the Corporate Debtor had virtually admitted the debt and default.

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**Interpretation:** The court interpreted Section 9 of the IBC to mean that if the debt and default

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**Application:** The court applied the ratio to the facts of the case, noting that the Corporate

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## Parties

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

## 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)

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