# In the matter of Saldar Infrastructure & Contracts Private Limited

> NCLT judgment dated 2024-01-11. Citation: TCN-2024-NCLT-03175. The case involves an application filed by M/s. Clavecon (India) Private Limited, the…

- **Court:** NCLT
- **Order date:** 11 Jan 2024
- **Citation:** TCN-2024-NCLT-03175
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/saldar-infrastructure-contracts-private-limited-e0bb8afd

## Summary

### Background

The case involves an application filed by M/s. Clavecon (India) Private Limited, the Operational Creditor (OC), under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC), to initiate the Corporate Insolvency Resolution Process (CIRP) against Saldar Infrastructure & Contracts Private Limited, the Corporate Debtor (CD). The debt claimed arises from the supply of goods by the OC to the CD, based on tax invoices raised between 04.02.2017 and 16.02.2017, totaling Rs. 7,76,987.00, including a principal amount of Rs. 4,95,282.00 and interest calculated at 24% per annum. The OC stated the date of default as 26.06.2019.

## Facts

M/s. Clavecon (India) Private Limited (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Saldar Infrastructure & Contracts Private Limited (Corporate Debtor). The claim arose from the supply of goods by the OC to the CD. The OC raised six tax invoices between 04.02.2017 and 16.02.2017, claiming a total outstanding amount of Rs. 7,76,987.00, including a principal amount of Rs. 4,95,282.00 and interest at 24% per annum. The OC stated the date of default as 26.06.2019. The Corporate Debtor (CD) filed a reply on the NCLT portal on 26.04.2023, raising disputes regarding the quality of goods supplied, claiming they were sub-standard and caused cracks

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor (OC) is complete in terms of Section 9 of …

**Ratio:** Section 9(3)(b) of the IBC mandates that the application must be complete and include all

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**Reasoning:** The NCLT found that the OC failed to provide sufficient evidence to prove that the

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**Interpretation:** Section 9 of the IBC requires strict compliance with the prescribed

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**Application:** In this case, the OC's failure to adequately prove the identity of the CD and

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## Parties

- **Judges:** K. R. SAJI…; SANJIV…
- **Appellants:** Clavecon (India)…
- **Respondents:** Saldar Infrastruct…

## Timeline

- **2016-11-28 — Purchase Ord…**: Date of purchase order No.…
- **2017-02-04 — First Invoi…**: First tax invoice raised 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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