# In the matter of Krupay Tradepipes Pvt. Ltd. C.P. (I & B) No. 1560-MB-2017

> NCLT judgment dated 2022-12-16. Citation: TCN-2022-NCLT-00116. The case involves a petition filed by Mr. Amit Mittal, the Operational Creditor, under Section…

- **Court:** NCLT
- **Order date:** 16 Dec 2022
- **Citation:** TCN-2022-NCLT-00116
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/krupay-tradepipes-pvt-ltd-cp-i-b-no-1560-mb-2017-14d0e431

## Summary

### Background

The case involves a petition filed by Mr. Amit Mittal, the Operational Creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s Krupay Tradepipes Pvt. Ltd., the Corporate Debtor. The Operational Creditor claims a debt of Rs. 27,45,593/- for unpaid invoices related to the supply of steel materials. The Corporate Debtor opposed the petition, citing a pre-existing dispute and claiming non-receipt of goods. The Operational Creditor filed a rejoinder, asserting that the goods were delivered and that the Corporate Debtor had availed benefits from the Excise Department, confirming receipt of the goods.

## Facts

Mr. Amit Mittal, the Operational Creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against M/s Krupay Tradepipes Pvt. Ltd., the Corporate Debtor, claiming a debt of Rs. 27,45,593/- for unpaid invoices related to the supply of steel materials. The Operational Creditor is a sole proprietor of M/s Shyam Udhyog and is involved in supplying steel materials. The Corporate Debtor placed orders for steel materials between 29.02.2016 and 06.03.2016, totaling Rs. 32,68,948/-. The Corporate Debtor made a payment of Rs. 5,23,355/- on 30.03.2016 towards one invoice. The Corporate Debtor issued cheques for Rs. 8,00,000/- on 29.04.2016 and two cheques for Rs. 8,00,000/- each on 17.12.2016, which were dishonored. The Operational Creditor issued a

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## Issues and analysis

### Issue 1: Whether a pre-existing dispute exists between the Operational Creditor and the Corporate Debtor, …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, requires that there should be no

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**Reasoning:** The NCLT found that the Corporate Debtor had raised disputes regarding non-receipt of

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**Interpretation:** The existence of a pre-existing dispute is a bar to the admission of a company

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**Application:** In this case, the NCLT applied the ratio by considering the disputes raised by

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## Parties

- **Judges:** H.V. Subb…; ANURADHA SANJAY…
- **Appellants:** Amit Mi…
- **Respondents:** Krupay Tradepipes…; Atul S…

## Timeline

- **2016-02-29 — Corporate Debtor places…**: Corporate Debtor placed order to the Operational Creditor for supply of steel material…
- **2016-03-05 — Corporate Debtor places…**: Corporate Debtor placed order to the Operational Creditor for supply of steel material…

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