# In the matter of Expat Engineering India Limited

> NCLT judgment dated 2024-01-31. Citation: TCN-2024-NCLT-02834. The case involves an application filed by IJM Concrete Products Private Limited, an operational…

- **Court:** NCLT
- **Order date:** 31 Jan 2024
- **Citation:** TCN-2024-NCLT-02834
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/expat-engineering-india-limited-17dd5e6f

## Summary

### Background

The case involves an application filed by IJM Concrete Products Private Limited, an operational creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Expat Engineering India Limited, the corporate debtor, due to a default in payment of Rs. 1,79,76,153/-. The operational creditor supplied ready-mix concrete to the corporate debtor, and despite partial payments, a significant amount remained outstanding. A demand notice was issued on December 27, 2022, but the corporate debtor failed to repay the debt or issue a notice of dispute.

## Facts

IJM Concrete Products Private Limited (Operational Creditor) filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Expat Engineering India Limited (Corporate Debtor). The Corporate Debtor defaulted on payments for the supply of ready-mix concrete, with a total outstanding amount of Rs. 1,79,76,153/-. The Date of Default is 24.08.2022. The Corporate Debtor acknowledged the payment due as on 12th January, 2022 by giving confirmation of outstanding balances through email for the period 01.04.2021 till 12.01.2022 for a sum of Rs. 1,41,45,775.60/-, but failed to pay the outstanding amount. After several reminders and follow-ups, on 12th February, 2022 the Corporate Debtor paid a sum

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## Issues and analysis

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

**Ratio:** The ratio is that an application under Section 9 of the IBC is maintainable if the

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**Reasoning:** The court reasoned that the operational creditor had provided sufficient evidence of the

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**Interpretation:** Section 9 of the IBC allows an operational creditor to initiate CIRP against a

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**Application:** In this case, the operational creditor had complied with all the requirements

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## Parties

- **Judges:** K. Bi…; Manoj Kumar…
- **Appellants:** IJM Concrete…
- **Respondents:** Expat Engineering…

## Timeline

- **2022-08-24 — Date of D…**: The Corporate Debtor stopped payment after 24th August 2022, which is considered the date…
- **2022-12-27 — Demand N…**: The Operational Creditor sent a Demand Notice in Form No.3 dated 27th December 2022 for…

## 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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