# In the matter of APS Infra Engineers Private Limited

> NCLT judgment dated 2024-08-09. Citation: TCN-2024-NCLT-00844. The case involves an application filed by Praveen Kumar Garg, the operational creditor, against…

- **Court:** NCLT
- **Order date:** 9 Aug 2024
- **Citation:** TCN-2024-NCLT-00844
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/aps-infra-engineers-private-limited-09e53e26

## Summary

### Background

The case involves an application filed by Praveen Kumar Garg, the operational creditor, against APS Infra Engineers Pvt. Ltd., the corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016. The operational creditor claimed that the corporate debtor defaulted on payments for fuel oil supplied between 25.05.2022 and 03.09.2022. The Adjudicating Authority considered the application, noting the absence of appearance or reply from the corporate debtor despite prior orders. The operational creditor submitted invoices and an affidavit declaring that the corporate debtor did not dispute the amount payable.

## Facts

Praveen Kumar Garg, operating as a proprietor, filed an application under Section 9 of the IBC, 2016 against APS Infra Engineers Pvt. Ltd., claiming unpaid dues for the supply of fuel oil. The supply occurred between 25.05.2022 and 03.09.2022. The total amount payable for the fuel oil was Rs. 1,85,69,310, of which the corporate debtor paid Rs. 44,92,360, leaving a default of Rs. 1,40,76,950 plus interest at 24% per annum. The operational creditor issued a demand notice on 28.06.2023. The corporate debtor did not appear in court or file a reply to the petition. An earlier order dated 31.01.2024 indicated that the corporate debtor had committed to paying the defaulted amount in installments, but failed to do so. The operational creditor filed an affidavit under Section

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the IBC, 2016 for initiation of the Corporate Insolvency …

**Ratio:** Section 9(5) of the IBC, 2016 specifies the conditions under which the Adjudicating

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**Reasoning:** The Adjudicating Authority considered the documents submitted by the operational

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**Interpretation:** The completeness of the application is determined by adherence to the

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**Application:** In this case, the Adjudicating Authority found that the operational creditor

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## Parties

- **Judges:** Sh. Ashok Kumar…; SUBRATA KUM…
- **Appellants:** Praveen Kumar…
- **Respondents:** APS Infra…

## Timeline

- **2022-05-25 — Start of Fuel O…**: The Operational Creditor started…
- **2022-09-03 — End of Fuel Oi…**: The Operational Creditor ended the supply…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 14 — Moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-14)

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