# In the matter of Anupam Industries Ltd.

> NCLT judgment dated 2025-01-03. Citation: TCN-2025-NCLT-00683. Bharat Industrial Projects Pvt. Ltd. filed an application under Section 9 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 3 Jan 2025
- **Citation:** TCN-2025-NCLT-00683
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/anupam-industries-ltd-de849597

## Summary

### Background

Bharat Industrial Projects Pvt. Ltd. filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Anupam Industries Ltd, seeking to initiate Corporate Insolvency Resolution Process (CIRP). The applicant, an operational creditor, claimed a default amount of Rs.2,73,54,640/- due to the execution of an order. A demand notice under Section 8 of the IBC was duly received by the corporate debtor but was not replied to. The applicant is a registered MSME unit engaged in repair, maintenance, erection, and commissioning of various types of cranes and had received an order from the corporate debtor to erect 22 cranes. The corporate debtor stopped paying the bills from 30.01.2017 and later paid Rs.10,00,000/- on 10.01.2018. The applicant then filed an

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## Facts

Bharat Industrial Projects Pvt. Ltd. (the Applicant), an operational creditor and a registered MSME unit, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) against Anupam Industries Ltd. (the Corporate Debtor) to initiate Corporate Insolvency Resolution Process (CIRP). The Applicant claimed a default amount of Rs.2,73,54,640/- due to the execution of an order for erecting cranes. The Corporate Debtor had stopped paying bills from 30.01.2017, making a partial payment of Rs.10,00,000/- on 10.01.2018. The Applicant obtained an ex-parte Arbitral Award from the MSME Tribunal, Odisha, on 16.11.2019. However, the District Court, Sundargarh, quashed the Arbitral Award, and the High Court of Orissa confirmed this decision. The Corporate

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the IBC is maintainable when it is based on an Arbitral …

**Ratio:** The Supreme Court has held that if challenges are made to arbitral awards, the amount

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**Reasoning:** The court reasoned that the Arbitral Award, upon which the application was based, had

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**Interpretation:** The legal principle is that an application under Section 9 of the IBC cannot be

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**Application:** In this case, the Arbitral Award was set aside by the District Court and

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## Parties

- **Judges:** Chitra Ha…; Velamur G Venkata…
- **Appellants:** Bharat Industrial…
- **Respondents:** Anupam Industries…

## Timeline

- **2017-01-30 — Corporate Debtor…**: Anupam Industries Ltd. stopped paying bills…
- **2018-01-10 — Partial Payme…**: Anupam Industries Ltd. paid Rs.10,00,000/-…

## 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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