# In the matter of AT&F India Fabrication Private Limited C.P.(IB)-3242(MB)-2018

> NCLT judgment dated 2022-11-11. Citation: TCN-2022-NCLT-00472. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 11 Nov 2022
- **Citation:** TCN-2022-NCLT-00472
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/atf-india-fabrication-private-limited-cpib-3242mb-2018-131d6f6e

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Coastal International Private Limited (Operational Creditor) against AT&F India Fabrication Private Limited (Corporate Debtor) for default in repaying an amount of ₹67,74,372.52 along with interest. The Operational Creditor claimed that the Corporate Debtor failed to pay for work done as per a Letter of Intent and Work Order. The Corporate Debtor did not appear for the hearing or file any reply to the petition.

## Facts

Coastal International Private Limited (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against AT&F India Fabrication Private Limited (Corporate Debtor). The claim was for ₹67,74,372.52 plus interest, arising from unpaid invoices for work done. The Operational Creditor based its claim on a Letter of Intent (LOI) and Work Order issued by the Corporate Debtor. The Corporate Debtor had made partial payments but failed to pay the full amount. The Operational Creditor issued a Section 8 notice, to which the Corporate Debtor requested an inspection of documents. The Corporate Debtor was granted an opportunity to reply but failed to do so. The Corporate Debtor did not appear for the hearing. The application was filed

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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 of the Insolvency and Bankruptcy Code, 2016, allows an operational creditor to

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**Reasoning:** The Corporate Debtor failed to file any reply to the petition and did not raise any

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**Interpretation:** Section 9 provides a mechanism for operational creditors to recover their dues

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**Application:** The Corporate Debtor's failure to respond to the petition and the evidence

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## Parties

- **Judges:** P.N. Deshmukh…; Shyam Babu…
- **Appellants:** Coastal Internatio…
- **Respondents:** AT&F India…
- **Advocates:** Sneha Ag…

## Timeline

- **2017-02-20 — Quotation (Revi…**: Quotation (Revised) given by…
- **2017-02-23 — Letter of Intent and…**: Corporate Debtor issued Letter of Intent (LOI) and Work Order No.…

## 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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