# In the matter of Aubrey Builders Private Limited

> NCLT judgment dated 2024-10-30. Citation: TCN-2024-NCLT-00322. VL Astra Engineers (India) Private Limited, the Operational Creditor, filed an application…

- **Court:** NCLT
- **Order date:** 30 Oct 2024
- **Citation:** TCN-2024-NCLT-00322
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/aubrey-builders-private-limited-845a3d5b

## Summary

### Background

VL Astra Engineers (India) Private Limited, the Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, for initiating Corporate Insolvency Resolution Process (CIRP) against Aubrey Builders Private Limited, the Corporate Debtor. The Operational Creditor, engaged in electrical and mechanical engineering, supplied, installed, tested, and commissioned a Fire Fighting System at the Corporate Debtor's project named 'Delsol'. The Operational Creditor raised invoices totaling Rs.88,01,531/- from July 2016 onwards, but the Corporate Debtor failed to clear the dues. The Operational Creditor claimed a default of Rs.33,98,247/- as of 23.03.2017, with further interest at 24% p.a. The Operational Creditor issued a Demand Notice on

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## Facts

VL Astra Engineers (India) Private Limited (Operational Creditor) filed a CP(IB) No.945/MB/2020 under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Aubrey Builders Private Limited (Corporate Debtor) for default in payment of operational debt. The Operational Creditor provided fire fighting system services to the Corporate Debtor's project 'Delsol'. Two Amendment Work Orders were issued on 17.10.2016 and 21.03.2017. Invoices were raised from July 2016 onwards, totaling Rs.88,01,531/-, but the Corporate Debtor failed to clear the dues. The Operational Creditor claimed a default of Rs.33,98,247/- as of 23.03.2017, with interest at 24% p.a. A Demand Notice was issued on 29.10.2019 and delivered on 06.12.2019, but no reply or payment was made. The Corporate

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the Insolvency and Bankruptcy Code, 2016, is …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, allows an operational creditor to

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**Reasoning:** The Tribunal found that the Operational Creditor had filed an affidavit under Section

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**Interpretation:** Section 9 provides the mechanism for operational creditors to trigger CIRP when

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**Application:** The application was found to be maintainable because the Operational Creditor

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## Parties

- **Judges:** K. R. SAJI…; SANJIV…
- **Appellants:** VL ASTRA ENGINEERS…
- **Respondents:** AUBREY BUILDERS…

## Timeline

- **2016-07-01 — Invoices…**: The Operational Creditor raised several invoices/RA Bills totaling Rs.88,01,531/- on the…
- **2016-10-17 — Amendment Wor…**: Corporate Debtor issued Amendment Work Order…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8(1) — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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