# In the matter of Call Express Construction Pvt. Ltd.

> NCLT judgment dated 2023-07-05. Citation: TCN-2023-NCLT-02654. The Operational Creditor, The India Cements Ltd, filed an application under Section 9 of the…

- **Court:** NCLT
- **Order date:** 5 Jul 2023
- **Citation:** TCN-2023-NCLT-02654
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/call-express-construction-pvt-ltd-006aca2f

## Summary

### Background

The Operational Creditor, The India Cements Ltd, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor, Call Express Constructions Private Limited. The Operational Creditor claimed that the Corporate Debtor had defaulted on payments for the supply of ready-mix concrete. The Corporate Debtor acknowledged the debt but expressed inability to settle the dues due to financial difficulties. The Operational Creditor filed an affidavit as mandated under Section 9(3)(b) of IBC, 2016. The Operational Creditor had entered into a Scheme of Amalgamation to acquire two entities viz. Trinetra Cements Limited and Trishul Concrete Products Limited. The Scheme of

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## Facts

The India Cements Ltd, the Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Call Express Constructions Private Limited, the Corporate Debtor. The Operational Creditor supplied ready-mix concrete to the Corporate Debtor between 02.04.2017 and 02.08.2018, for which invoices were raised. The Corporate Debtor maintained a running account with the Operational Creditor. As of 31.10.2019, the Corporate Debtor was liable to pay Rs. 1,32,98,800/-, which was acknowledged by the Corporate Debtor in a letter dated 19.11.2019. The Operational Creditor sent a Demand Notice to the Corporate Debtor on 03.05.2022, as stipulated under Section 8 of IBC 2016. The

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor under Section 9(5) of the IBC, 2016, is …

**Ratio:** Section 9(5) of the IBC, 2016, states that the Adjudicating Authority shall admit the

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**Reasoning:** The Adjudicating Authority considered the facts and circumstances of the case, including

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**Interpretation:** Section 9(5) of the IBC, 2016, mandates the Adjudicating Authority to admit the

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**Application:** The Adjudicating Authority found that the Operational Creditor had proved the

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## Parties

- **Judges:** SANJIV…; SAMEER…
- **Appellants:** The India Cements…
- **Respondents:** Call Express…
- **Advocates:** Gautam S.…; Pranav C…

## Timeline

- **2017-04-02 — Invoice Perio…**: Start of the period for which invoices were…
- **2018-08-02 — Invoice Per…**: End of the period for which invoices were…

## 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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