# In the matter of Ecogreen Energy Lucknow Private Limited IA No.691-2023 and CP (IB) No.357-Chd-Hry-2019

> NCLT judgment dated 2023-03-22. Citation: TCN-2023-NCLT-04103. Nestler Protec (India) Limited, the Operational Creditor, filed a petition under Section 9 of…

- **Court:** NCLT
- **Order date:** 22 Mar 2023
- **Citation:** TCN-2023-NCLT-04103
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/ecogreen-energy-lucknow-private-limited-ia-no691-2023-and-cp-ib-no357-chd-hry-20-94230c07

## Summary

### Background

Nestler Protec (India) Limited, the Operational Creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against Ecogreen Energy Lucknow Private Limited, the Corporate Debtor, due to unpaid operational debt. The Corporate Debtor allegedly defaulted on payments for conveyor systems, ballistic separators, and related hardware material supplied and erected by the Operational Creditor between January 2018 and August 2018. The Corporate Debtor raised four purchase orders, against which the Operational Creditor raised 04 bills from 16.02.2018 to 09.08.2018, totaling Rs.37,78,360/-. The Corporate Debtor did not pay any amount. The Corporate Debtor claimed that the supplies were

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## Facts

Nestler Protec (India) Limited (Operational Creditor) filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Ecogreen Energy Lucknow Private Limited (Corporate Debtor) to initiate CIRP. The Operational Creditor claimed that the Corporate Debtor defaulted on payments totaling Rs. 37,78,360/- for conveyor systems, ballistic separators, and related hardware material supplied and erected between January 2018 and August 2018. Four purchase orders were raised by the Corporate Debtor, and the Operational Creditor raised 04 bills from 16.02.2018 to 09.08.2018. The Corporate Debtor did not pay any amount. A demand notice dated 08.02.2019 was issued by the Operational Creditor, and the Corporate Debtor replied on 14.03.2019, alleging that a police

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## Issues and analysis

### Issue 1: Whether the demand notice in Form 3 …

**Ratio:** A demand notice is considered duly served if it has been delivered to the Corporate

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**Reasoning:** The Adjudicating Authority noted that the demand notice was delivered to the Corporate

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**Interpretation:** The legal principle is that a demand notice is considered properly served if

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**Application:** In this case, the demand notice was considered duly served because the

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## Parties

- **Judges:** Harnam Singh…; SUBRATA KUM…
- **Appellants:** Nestler Protec…
- **Respondents:** Ecogreen Energy…
- **Advocates:** Chitwan G…; Anurag Kumar…; +2 more

## Timeline

- **2018-01-01 — Supply and Erection of…**: Operational Creditor supplied and erected conveyor systems, ballistic separators, and…
- **2018-02-16 — First Invoice…**: The first invoice was raised…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 14 — Moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-14)

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