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

> NCLT judgment dated 2022-08-05. Citation: TCN-2022-NCLT-01430. 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-01430
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/amerex-private-limited-ib-305nd-2020-dc25bee3

## 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 a default of Rs. 24,05,062/-. The corporate debtor argued that there was a pre-existing dispute and quality issues with the goods supplied. The operational creditor refuted these claims, stating that the corporate debtor had admitted the debt and made part payments.

## 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 that the corporate debtor defaulted on payments amounting to Rs. 24,05,062/-. The operational creditor is a partnership firm engaged in manufacturing electrical equipment. The corporate debtor had been purchasing Mixer Grinders from the operational creditor since July 2019. The corporate debtor issued post-dated cheques (PDCs) that were dishonored. The applicant 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. The corporate debtor

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the Insolvency and Bankruptcy Code, 2016, should be …

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

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

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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 the ratio to the facts of the case, noting that the corporate

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## Parties

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

## Timeline

- **2019-07-01 — Purchase of Mixer…**: Corporate debtor started purchasing Mixer…
- **2019-07-19 — Invoice…**: Invoice No. 09 was raised for Rs. 797497,…

## 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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