# In the matter of Sangha Erectors Pvt Limited CP (IB) No. 497-9-HDB-2019

> NCLT judgment dated 2022-05-13. Citation: TCN-2022-NCLT-02743. The case involves a petition filed by Navdurga Trade Centre, an Operational Creditor, against…

- **Court:** NCLT
- **Order date:** 13 May 2022
- **Citation:** TCN-2022-NCLT-02743
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/sangha-erectors-pvt-limited-cp-ib-no-497-9-hdb-2019-e72a1266

## Summary

### Background

The case involves a petition filed by Navdurga Trade Centre, an Operational Creditor, against Sangha Erectors Pvt Ltd, the Corporate Debtor, under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016. The Operational Creditor claimed a principal amount of Rs. 26,59,949 plus interest of Rs. 2,59,272, totaling Rs. 29,19,221, due from 06.10.2018 to 19.03.2019 for the supply of industrial equipment and consumable products. The Corporate Debtor disputed the claim, alleging non-receipt of requisite documents and questioning the authenticity of invoices and delivery challans. The Operational Creditor contended that the Corporate Debtor acknowledged the invoices and receipt of goods in good condition.

## Facts

Navdurga Trade Centre (Operational Creditor) filed a petition against Sangha Erectors Pvt Ltd (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, claiming Rs. 26,59,949 as the principal amount and Rs. 2,59,272 as interest, totaling Rs. 29,19,221, for goods supplied between 06.10.2018 and 19.03.2019. The Operational Creditor provided purchase orders and invoices for the period from 01.04.2014 to 31.03.2015. A demand notice was issued on 20.03.2019. The Corporate Debtor replied on 01.04.2019, disputing the claim and alleging non-receipt of documents. The Operational Creditor filed a rejoinder on 26.04.2019, stating that the documents had been sent. The Corporate Debtor filed a counter, contending that the claim was based on purchase orders and

…

## Issues and analysis

### Issue 1: Whether the documentary evidence furnished with the application establishes an operational debt as …

**Ratio:** The legal principle applied is that if the Corporate Debtor has acknowledged the invoices

…

**Reasoning:** The court reasoned that the Corporate Debtor's submission that the seal and signature on

…

**Interpretation:** The interpretation is that a prior acknowledgment of invoices and receipt of

…

**Application:** In this case, the Corporate Debtor acknowledged the invoices and receipt of

…

## Parties

- **Judges:** Venkata Ramakrishn…; SH. VEERA BRAHMA…
- **Appellants:** Navdurga Trade…
- **Respondents:** Sangha Erectors…

## Timeline

- **2014-04-01 — Supply of…**: The Operational Creditor supplied and delivered goods to the Corporate Debtor from…
- **2018-10-06 — Debt Period…**: Period for which the debt is…

## 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/sangha-erectors-pvt-limited-cp-ib-no-497-9-hdb-2019-e72a1266