# In the matter of Metro Concrete Private Limited IB-812-(ND)-2021

> NCLT judgment dated 2022-09-22. Citation: TCN-2022-NCLT-00955. The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 22 Sept 2022
- **Citation:** TCN-2022-NCLT-00955
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/metro-concrete-private-limited-ib-812-nd-2021-9d341dba

## Summary

### Background

The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Lt. Smt. Sunila Chhabra (through her legal heir Mr. Gauraav Kumar and Mr. Aditya Kumar), the Operational Creditor, against Metro Concrete Private Limited, the Corporate Debtor. The Operational Creditor claimed that the Corporate Debtor defaulted on payments for goods supplied. The Corporate Debtor was engaged in the business of trading and support services, including electricals and electronics. The Operational Creditor supplied goods to the Corporate Debtor as per their demand. An invoice dated 11.04.2017 for Rs. 51,79,440/- was raised, with payment terms of 60 days. Despite assurances and a post-dated cheque of Rs. 50,00,000/- issued in July 2021, the Corporate

…

## Facts

Lt. Smt. Sunila Chhabra, the proprietor of Chhabra Electricals and Electronics (Operational Creditor), supplied electrical goods to Metro Concrete Private Limited (Corporate Debtor). The Corporate Debtor was introduced to the Operational Creditor by Shri Jagdish Arora, who assured the Operational Creditor of the Corporate Debtor's sound financial status. An invoice (No. 1643 dated 11.04.2017) for Rs. 51,79,440/- was raised for the goods supplied, with payment due within 60 days. The Corporate Debtor confirmed the account statements on 01.04.2018 and 01.04.2019. A post-dated cheque of Rs. 50,00,000/- dated 18.07.2021 was issued by the Corporate Debtor but was dishonored on 27.07.2021. A legal notice under Section 138 of the Negotiable Instruments Act, 1881, was issued

…

## Issues and analysis

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

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, allows an operational creditor to

…

**Reasoning:** The Tribunal considered the provisions of Section 9 of the IBC and the relevant rules.

…

**Interpretation:** Section 9 provides a mechanism for operational creditors to recover their dues

…

**Application:** The Tribunal found that the Operational Creditor had met the requirements of

…

## Parties

- **Judges:** Sh. Dharminder…; BINOD KUMAR…
- **Appellants:** Lt. Smt. Sunila…
- **Respondents:** Metro Concrete…

## Timeline

- **2017-04-11 — Invoice…**: Invoice No. 1643 for Rs.…
- **2018-04-01 — Account Confi…**: Corporate Debtor confirmed…

## 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/metro-concrete-private-limited-ib-812-nd-2021-9d341dba