# In the matter of AMRL Hitech City Limited

> NCLT judgment dated 2023-08-01. Citation: TCN-2023-NCLT-02231. M/s. Swach Environment Private Limited, an operational creditor, filed an application under…

- **Court:** NCLT
- **Order date:** 1 Aug 2023
- **Citation:** TCN-2023-NCLT-02231
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/amrl-hitech-city-limited-9d09735d

## Summary

### Background

M/s. Swach Environment Private Limited, an operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s. AMRL Hitech City Limited, the corporate debtor, due to unpaid invoices for services provided. The operational creditor had provided water and waste water management services to the corporate debtor. A Memorandum of Understanding (MOU) was entered into between the parties on 07.02.2017.

## Facts

M/s. Swach Environment Private Limited (Operational Creditor) provided water and waste water management services to M/s. AMRL Hitech City Limited (Corporate Debtor) during the financial year 2016-17. Invoices were raised for Rs. 1,50,00,000/- dated 31.03.2016, which was paid by the Corporate Debtor. The Corporate Debtor decided to avail annual services from the Operational Creditor for constructing, operating, repairing, and maintaining water and waste water treatment facilities within its SEZ. A MOU was entered into. Invoices were raised on 31.03.2017 and 31.03.2018, which were cleared. The last invoice was raised on 31.03.2019 for Rs. 1,80,00,000/-, which remained unpaid. The Operational Creditor inquired about TDS deposit via email on 12.08.2019, and the Corporate

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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 Insolvency and Bankruptcy Code, 2016, allows for the admission of an

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**Reasoning:** The court considered the facts and circumstances of the case, including the documents

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**Interpretation:** Section 9 of the IBC provides the procedure for an operational creditor to

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**Application:** The court found that the Operational Creditor had provided sufficient evidence

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## Parties

- **Judges:** SANJIV…; SAMEER…
- **Appellants:** M/s. Swach…
- **Respondents:** M/s. AMRL Hitech…

## Timeline

- **2016-03-31 — Invoice R…**: Operational Creditor raised invoices for Rs. 1,50,00,000/- which was paid by the…
- **2017-02-07 — MOU Ente…**: A Memorandum of Understanding (MOU) was entered into between the Operational Creditor and…

## 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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