# In the matter of Roadway Solutions India Infra Limited

> NCLT judgment dated 2024-08-20. Citation: TCN-2024-NCLT-00778. The case involves a petition filed by Kataline Infra-Products Private Limited (Operational…

- **Court:** NCLT
- **Order date:** 20 Aug 2024
- **Citation:** TCN-2024-NCLT-00778
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/roadway-solutions-india-infra-limited-02925dd9

## Summary

### Background

The case involves a petition filed by Kataline Infra-Products Private Limited (Operational Creditor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against Roadway Solutions India Infra Limited (Corporate Debtor) due to unpaid operational debt. The Operational Creditor provided services related to thermoplastic resin road markings and affixation of reflector beads for the Corporate Debtor, who was a sub-contractor to Reliance Infra Ltd for works executed for Maharashtra State Road Development Corporation Ltd. Disputes arose regarding payments, leading to the Operational Creditor issuing a demand notice and subsequently filing this petition.

## Facts

Kataline Infra-Products Private Limited (Operational Creditor) filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) to initiate Corporate Insolvency Resolution Process (CIRP) against Roadway Solutions India Infra Limited (Corporate Debtor). The Operational Creditor provided services related to thermoplastic resin road markings and affixation of reflector beads for the Corporate Debtor. The Corporate Debtor was a sub-contractor to Reliance Infra Ltd for works executed for Maharashtra State Road Development Corporation Ltd. The Operational Creditor submitted a quotation on 28.06.2021, and the Corporate Debtor issued a Work Order on 15.07.2021. The Operational Creditor completed the assigned works and raised Running Account Bills (RA Bills).

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor under Section 9 of the Insolvency and …

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

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**Reasoning:** The Adjudicating Authority found that the application was complete and met the

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

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**Application:** The Adjudicating Authority determined that the Operational Creditor's

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## Parties

- **Judges:** V. G. Bisht…; SH. PRABHAT…
- **Appellants:** KATALINE INFRA-PRO…
- **Respondents:** Roadway Solutions…
- **Advocates:** Soyaib K…; Sushant K…

## Timeline

- **2021-06-28 — Quotation Sub…**: Operational Creditor…
- **2021-07-15 — Work Ord…**: Corporate Debtor issued…

## 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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