# In the matter of Lahari Infra Projects (India) Private Limited CP(IB) No. 10-09-HDB-2020

> NCLT judgment dated 2023-05-25. Citation: TCN-2023-NCLT-03183. The case involves an application filed by S.V.R. Nirman Products Inc (Operational Creditor)…

- **Court:** NCLT
- **Order date:** 25 May 2023
- **Citation:** TCN-2023-NCLT-03183
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/lahari-infra-projects-india-private-limited-cpib-no-10-09-hdb-2020-60290541

## Summary

### Background

The case involves an application filed by S.V.R. Nirman Products Inc (Operational Creditor) under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016, against Lahari Infra Projects India (P) Ltd (Corporate Debtor) for initiation of the Corporate Insolvency Resolution Process (CIRP). The Operational Creditor claimed a default of Rs. 15,89,255, comprising Rs. 11,55,822 towards principal and Rs. 4,33,433 towards interest, arising from unpaid invoices for the manufacturing of cement blocks. The Corporate Debtor argued against the claim, citing discrepancies in invoice certification and the absence of an agreement for interest payment. The Operational Creditor contended that the Corporate Debtor failed to pay the amount within the stipulated period as per the terms

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## Facts

S.V.R. Nirman Products Inc (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016, against Lahari Infra Projects India (P) Ltd (Corporate Debtor) on 24.12.2019. The claim was for Rs. 15,89,255, including Rs. 11,55,822 towards principal and Rs. 4,33,433 towards interest, for manufacturing cement blocks. The Operational Creditor issued a quotation on 09.02.2017, and the Corporate Debtor placed a work order on the same date. The Corporate Debtor failed to pay the invoices, leading the Operational Creditor to issue a demand notice on 13.11.2019. The Corporate Debtor neither replied to the demand notice nor paid the amount. The Corporate Debtor argued that the invoices were not certified by their Engineer In-charge and

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## Issues and analysis

### Issue 1: Whether an Operational Debt of a sum over rupees one lakh is due and payable by the Respondent to …

**Ratio:** The ratio is that for an application under Section 9 of the IBC to be admitted, the

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**Reasoning:** The court reasoned that the work order and submission of invoices were not in dispute.

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**Interpretation:** This means that the court interpreted Section 4 and Section 9 of the IBC to

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**Application:** The court applied this ratio to the facts by noting that the principal amount

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## Parties

- **Judges:** Venkata Ramakrishn…; Satya Ranjan…
- **Appellants:** S.V.R Nirman…
- **Respondents:** Lahari Infra…

## Timeline

- **2017-02-09 — Quotation and W…**: Operational Creditor issued quotation and Corporate Debtor placed work order for…
- **2017-11-01 — Date of D…**: Date of default as claimed by…

## 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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