# In the matter of Simplex Infrastructures Limited

> NCLT judgment dated 2023-12-18. Citation: TCN-2023-NCLT-00176. The case involves an application filed by Govind Yadav, an Operational Creditor, under Section…

- **Court:** NCLT
- **Order date:** 18 Dec 2023
- **Citation:** TCN-2023-NCLT-00176
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/simplex-infrastructures-limited-426d4a55

## Summary

### Background

The case involves an application filed by Govind Yadav, an Operational Creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of the Corporate Insolvency Resolution Process (CIRP) against Simplex Infrastructure Limited, the Corporate Debtor. The Operational Creditor is in the business of supplying shuttering material on a rent basis and claims that the Corporate Debtor defaulted on payments for such supplies. The application was filed before the National Company Law Tribunal (NCLT), Kolkata.

## Facts

Govind Yadav, the Operational Creditor, is in the business of supplying shuttering material on a rental basis. Simplex Infrastructure Limited, the Corporate Debtor, procured these materials based on a purchase order dated 2018-04-06. Invoices were raised for these supplies between 2018-05-01 and 2022-03-01, totaling Rs. 1,36,53,848. The Operational Creditor claims to have received only Rs. 4,32,456, leaving Rs. 1,32,21,390 unpaid. The Operational Creditor also claimed interest at 24% per annum, amounting to Rs. 28,36,000, bringing the total claimed default to Rs. 1,60,57,390. The Corporate Debtor argued that invoices falling under Section 10A of the I&B Code (2020-04-01 to 2021-03-01), amounting to Rs. 19,01,297, should be excluded. Additionally, Rs. 65,20,090 was

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the I&B Code, 2016 is maintainable considering the …

**Ratio:** Section 9 of the I&B Code requires that the amount of default should be above a

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**Reasoning:** The court reasoned that certain amounts claimed by the Operational Creditor should be

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**Interpretation:** The interpretation of Section 9 involves determining whether the claimed debt

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**Application:** The court applied the ratio by excluding the amounts related to Section 10A and

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## Parties

- **Judges:** BIDISHA BA…; D. Ar…
- **Appellants:** Govind…
- **Respondents:** SIMPLEX INFRASTRUC…

## Timeline

- **2018-04-06 — Purchase…**: Corporate Debtor issued a purchase…
- **2018-05-01 — Invoice Perio…**: Invoices were raised…

## 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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