# In the matter of Amerex Private Limited IB-305(ND)-2020

> NCLT judgment dated 2022-08-05. Citation: TCN-2022-NCLT-01442. The case involves an application filed by Satish Sahebro Deotale, an operational creditor, to…

- **Court:** NCLT
- **Order date:** 5 Aug 2022
- **Citation:** TCN-2022-NCLT-01442
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/amerex-private-limited-ib-305nd-2020-47811d25

## Summary

### Background

The case involves an application filed by Satish Sahebro Deotale, an operational creditor, to initiate the Corporate Insolvency Resolution Process (CIRP) against Amerex Private Limited, the corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The operational creditor claimed that the corporate debtor defaulted on payments amounting to Rs. 24,05,062/-. The corporate debtor argued that there was a pre-existing dispute and quality issues with the goods supplied.

## Facts

Satish Sahebro Deotale, an operational creditor, filed an application to initiate CIRP against Amerex Private Limited, a corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The operational creditor claimed an outstanding debt of Rs. 24,05,062/-. The corporate debtor had been purchasing Mixer Grinders from the operational creditor since July 2019. The corporate debtor issued post-dated cheques that were dishonored. The operational creditor issued a demand notice under Section 8 of the Code on 18.11.2019. The corporate debtor made a part payment of Rs. 3,98,749/- after receiving the demand notice. During the pendency of the petition, the corporate debtor offered to pay Rs. 24,05,000/- as a settlement amount and entered into a memorandum of

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## Issues and analysis

### Issue 1: Whether the application filed by the operational creditor under Section 9 of the Insolvency and …

**Ratio:** Section 9(5) of the IBC states that the Adjudicating Authority shall admit the

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**Reasoning:** The court noted that the corporate debtor had admitted its debt by making part payments

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

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**Application:** The court applied Section 9(5) of the IBC to the facts of the case and found

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## Parties

- **Judges:** DHARMINDER…; L. N. G…
- **Appellants:** Satish Sahebro…
- **Respondents:** Amerex Private…

## Timeline

- **2019-07-01 — Purchase of Mixer…**: The corporate debtor started purchasing Mixer…
- **2019-07-19 — Invoice…**: Invoice no. 09 was…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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