# In the matter of Samaypra Technosolution Private Limited

> NCLT judgment dated 2023-10-05. Citation: TCN-2023-NCLT-01391. This case involves an application filed by H.R. Corporation, the Operational Creditor (OC),…

- **Court:** NCLT
- **Order date:** 5 Oct 2023
- **Citation:** TCN-2023-NCLT-01391
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/samaypra-technosolution-private-limited-408e563b

## Summary

### Background

This case involves an application filed by H.R. Corporation, the Operational Creditor (OC), against Samaypra Technosolution Private Limited, the Corporate Debtor (CD), under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC), for initiating the Corporate Insolvency Resolution Process (CIRP). The debt arises from the supply of goods (pipes) by the OC to the CD, for which tax invoices were raised. The initial application was withdrawn based on consent terms but was later restored due to the CD's failure to adhere to those terms, including the dishonoring of post-dated cheques.

## Facts

H.R. Corporation (OC) supplied goods (pipes) to Samaypra Technosolution Private Limited (CD), raising tax invoices. The total amount due was Rs. 19,81,914, including principal and interest. The OC and CD initially agreed to consent terms, leading to the withdrawal of the initial application. However, the CD breached these terms, and the post-dated cheques issued were dishonored. The OC sent a demand notice, but the CD did not reply or provide proof of payment. The OC submitted a ledger account, a balance confirmation letter from the CD, and a bank certificate confirming non-payment. The CD did not file a reply to the restored application. The date of default was determined as 25.05.2018, the date the cheques were dishonored.

## Issues and analysis

### Issue 1: Whether the application under …

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

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**Reasoning:** The court found that the OC had provided sufficient evidence to demonstrate the existence

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**Interpretation:** Section 9 provides the mechanism for operational creditors to trigger the

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**Application:** The OC met the requirements of Section 9 by demonstrating the existence of a

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## Parties

- **Judges:** K. R. SAJI…; SANJIV…
- **Appellants:** H. R. CORPO…
- **Respondents:** SAMAYPRA TECHNOSOL…

## Timeline

- **2021-07-22 — Application…**: H.R. Corporation filed C.P. (IB) No.…
- **2020-02-12 — Application D…**: The Application was dismissed as withdrawn vide order dated 12.02.2020 on the basis of…

## 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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