# In the matter of Amtech Project and Product Pvt. Ltd. CP (IB) No. 36-Chd-Pb-2020

> NCLT judgment dated 2023-07-05. Citation: TCN-2023-NCLT-02669. The case involves a petition filed by Bikram Shukla, an Operational Creditor, under Section 9…

- **Court:** NCLT
- **Order date:** 5 Jul 2023
- **Citation:** TCN-2023-NCLT-02669
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/amtech-project-and-product-pvt-ltd-cp-ib-no-36-chd-pb-2020-af2aeb9b

## Summary

### Background

The case involves a petition filed by Bikram Shukla, an Operational Creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against Amtech Project & Product Pvt. Ltd., the Corporate Debtor. The Operational Creditor claims that the Corporate Debtor defaulted on payments for industrial items supplied on credit. The Corporate Debtor purchased gears, pinions, bevels, and other industrial items from the Operational Creditor. The terms of the credit agreement stipulated that the Corporate Debtor would be liable to pay interest at 21% per annum if payments were not made within 15 days of the invoice date. The Operational Creditor sent multiple emails requesting payments, and the Corporate Debtor

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## Facts

Bikram Shukla, the Operational Creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate CIRP against Amtech Project & Product Pvt. Ltd., the Corporate Debtor. The Corporate Debtor was incorporated on 06.06.2002. The Operational Creditor is in the business of manufacturing and supplying gears, pinions, bevels, and other industrial items. The Corporate Debtor purchased these items on credit, with a condition to pay interest at 21% P.A. for delayed payments beyond 15 days. In July 2018, the Corporate Debtor requested price quotations for specific industrial items. The Operational Creditor supplied the items, and the Corporate Debtor sent purchase orders in August 2018. The Operational Creditor raised invoices and dispatched

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## Issues and analysis

### Issue 1: Whether the demand notice was duly …

**Ratio:** A demand notice is considered duly served if it is delivered to the corporate debtor via

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**Reasoning:** The court found that the demand notice dated 25.11.2019 was delivered to the corporate

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**Interpretation:** The court interpreted that the absence of a reply to a duly served demand

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**Application:** Since the demand notice was properly served and the corporate debtor did not

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## Parties

- **Judges:** Harnam Singh…; SUBRATA KUM…
- **Appellants:** Bikram S…
- **Respondents:** Amtech Project &…

## Timeline

- **2002-06-06 — Company Incor…**: Amtech Project & Product…
- **2018-07-01 — Price Quotatio…**: Corporate Debtor requested price…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 11 — Persons not entitled to make application](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-11)

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