# In the matter of Sabve Rohini Contractors Private Limited

> NCLT judgment dated 2023-10-31. Citation: TCN-2023-NCLT-00932. The case involves a Company Petition filed under Section 9 of the Insolvency & Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 31 Oct 2023
- **Citation:** TCN-2023-NCLT-00932
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/sabve-rohini-contractors-private-limited-9ce5b19e

## Summary

### Background

The case involves a Company Petition filed under Section 9 of the Insolvency & Bankruptcy Code, 2016 (IBC) by Arisinfra Solutions Private Limited (Operational Creditor) against Sabve Rohini Contractors Private Limited (Corporate Debtor), seeking initiation of Corporate Insolvency Resolution Process (CIRP). The petition claims a default of Rs. 1,05,81,026/- as of 10.04.2023, including principal and interest. The date of default specified in the petition is 21.04.2022.

## Facts

Arisinfra Solutions Private Limited (Operational Creditor) filed a Company Petition under Section 9 of the Insolvency & Bankruptcy Code, 2016 (IBC) against Sabve Rohini Contractors Private Limited (Corporate Debtor) seeking initiation of Corporate Insolvency Resolution Process (CIRP). The Operational Creditor claimed that the Corporate Debtor defaulted on a payment of Rs. 1,05,81,026/- as of 10.04.2023, which includes a principal amount of Rs. 84,90,198/- and interest of Rs. 20,90,828/-. The date of default was specified as 21.04.2022. The Corporate Debtor issued purchase orders for the supply of RMC (Ready Mix Concrete) and CLSM (Controlled Low-Strength Material). The Operational Creditor raised invoices amounting to Rs. 1,05,87,197/-. The Corporate Debtor paid

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## Issues and analysis

### Issue 1: Whether the application is maintainable under Section 9 of the IBC, considering the minimum …

**Ratio:** The ratio is based on the interpretation of Section 4 of the IBC and the notification

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**Reasoning:** The court reasoned that the total debt outstanding, including principal and interest,

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**Interpretation:** Section 4 of the IBC specifies the minimum amount of default for initiating

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**Application:** In this case, the court found that the total debt outstanding, including

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## Parties

- **Judges:** Anu Jagmoha…; KISHORE VEMULAPALL…
- **Appellants:** ARISINFRA…
- **Respondents:** Sabve Rohini…

## Timeline

- **2022-04-21 — Date of D…**: The Operational Creditor specified the date of default as 21.04.2022 in Part IV of the…
- **2022-09-14 — Acknowledgemen…**: The Corporate Debtor acknowledged outstanding dues of Rs. 99.90 lakhs via email dated…

## 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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