# In the matter of Dhingra Jardine Infrastructure Private Limited (IB)-398(ND)-2021

> NCLT judgment dated 2022-09-20. Citation: TCN-2022-NCLT-01012. M/s. Technica Engineers, the Applicant/Operational Creditor, filed a petition under Section 9…

- **Court:** NCLT
- **Order date:** 20 Sept 2022
- **Citation:** TCN-2022-NCLT-01012
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/dhingra-jardine-infrastructure-private-limited-ib-398nd-2021-3dfc12a2

## Summary

### Background

M/s. Technica Engineers, the Applicant/Operational Creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s. Dhingra Jardine Infrastructure Private Limited, the Respondent/Corporate Debtor. The applicant claimed that the respondent defaulted on payments for invoices pertaining to the period from 10.02.2012 to 28.12.2017, with a total outstanding amount of Rs. 2,61,33,770/- along with interest at 24%. The applicant issued a demand notice on 17.12.2020, which was delivered to the respondent on 28.12.2020. Despite notice and opportunities, the respondent failed to file a reply.

## Facts

M/s. Technica Engineers (Operational Creditor) filed a petition under Section 9 of the IBC, 2016 to initiate CIRP against M/s. Dhingra Jardine Infrastructure Private Limited (Corporate Debtor). The Corporate Debtor is incorporated on 13.03.2006. The Operational Creditor claimed that the Corporate Debtor defaulted on invoices from 10.02.2012 to 28.12.2017, totaling Rs. 2,61,33,770/- plus 24% interest. The Operational Creditor issued a demand notice on 17.12.2020, delivered on 28.12.2020. The Corporate Debtor failed to respond. The Operational Creditor annexed a bank statement from 01.10.2010 to 13.12.2017 showing part payments. The ledger account showed payments on 17.01.2012, 12.08.2014, and 06.04.2017. The application was filed on 03.01.2021. The authorized share

…

## Issues and analysis

### Issue 1: Whether the application filed under Section 9 of the …

**Ratio:** The Hon'ble Supreme Court in exercise of jurisdiction of Article 142 of the Constitution

…

**Reasoning:** The court observed that the Respondent had made part payments on various dates including

…

**Interpretation:** The limitation period is extended by virtue of part payments made by the

…

**Application:** The last part-payment was made on 06.04.2017, and the last invoice is dated

…

## Parties

- **Judges:** Sh. Dharminder…; SH. L. N.…
- **Appellants:** M/S. TECHNICA…
- **Respondents:** M/S. DHINGRA…

## Timeline

- **2006-03-13 — Incorporation of…**: M/s. Dhingra Jardine Infrastructure…
- **2012-02-10 — Start of Invoi…**: The invoices claimed relate to…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/dhingra-jardine-infrastructure-private-limited-ib-398nd-2021-3dfc12a2