# In the matter of C P ARORA ENGINEERS CONTRACTORS PRIVATE LIMITED

> NCLT judgment dated 2025-01-09. Citation: TCN-2025-NCLT-00641. M/s Continental Energy Solutions, an operational creditor, filed an application under Section 9…

- **Court:** NCLT
- **Order date:** 9 Jan 2025
- **Citation:** TCN-2025-NCLT-00641
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/c-p-arora-engineers-contractors-private-limited-3b808c33

## Summary

### Background

M/s Continental Energy Solutions, an operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against M/s CP Arora Engineers Contractors Pvt. Ltd., the corporate debtor, due to unpaid operational debt. The corporate debtor was incorporated on 17.04.2003 and is engaged in the business of building and civil engineering. The operational creditor claimed that the corporate debtor failed to pay a sum of Rs. 1,40,94,725/-. The corporate debtor argued that the accounts required reconciliation, disputed the interest claim, and stated that TDS was not accounted for.

## Facts

M/s Continental Energy Solutions (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against M/s CP Arora Engineers Contractors Pvt. Ltd. (Corporate Debtor) for an unpaid operational debt of Rs. 1,40,94,725/-. The Corporate Debtor was incorporated on 17.04.2003 and is engaged in the business of building and civil engineering. The Operational Creditor claimed that goods were sold and supplied to the Corporate Debtor, resulting in a total due of Rs. 3,81,62,388/- for the period between 25.04.2022 and 28.03.2023. The last payment of Rs. 1,00,00,000/- was made on 18.12.2022. The last invoice was raised on 28.03.2023. The Operational Creditor issued a statutory notice dated 26.12.2023. The Corporate Debtor replied on

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## Issues and analysis

### Issue 1: Whether the operational creditor established a valid and legally enforceable debt that is due and …

**Ratio:** The operational creditor must demonstrate the existence of a valid and legally

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**Reasoning:** The court considered the documents submitted by the operational creditor, including

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**Interpretation:** The legal principle requires the operational creditor to prove the existence of

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**Application:** In this case, the court found that the operational creditor had provided

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## Parties

- **Judges:** MANNI SANKARIAH…; Sanjeev R…
- **Appellants:** M/s Continental…
- **Respondents:** M/s CP Arora…

## Timeline

- **2003-04-17 — Incorporation of…**: M/s CP Arora Engineers…
- **2022-04-25 — Start of Transaction…**: Start date of the transaction period…

## 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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