# In the matter of VaaaN Infra Private Limited IB-412-ND-2020

> NCLT judgment dated 2022-01-19. Citation: TCN-2022-NCLT-04406. The case involves an application filed by Datacorp Traffic Private Limited (Operational…

- **Court:** NCLT
- **Order date:** 19 Jan 2022
- **Citation:** TCN-2022-NCLT-04406
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/vaaan-infra-private-limited-ib-412-nd-2020-39e3b48f

## Summary

### Background

The case involves an application filed by Datacorp Traffic Private Limited (Operational Creditor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of the Corporate Insolvency Resolution Process (CIRP) against VaaaN Infra Private Limited (Corporate Debtor) for non-payment of dues amounting to Rs. 3,97,17,481/- for services provided. The Corporate Debtor is engaged in Tech systems, Infrastructure & Intelligent Transport Solutions and was contracted by M/s Indian Highways Management Company Limited (IHMCL) for highway projects. The Operational Creditor conducted ATCC traffic surveys for the Corporate Debtor in Gujarat and Maharashtra.

## Facts

Datacorp Traffic Private Limited (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate CIRP against VaaaN Infra Private Limited (Corporate Debtor) due to non-payment of Rs. 3,97,17,481/- for ATCC traffic surveys conducted in Gujarat and Maharashtra. The Corporate Debtor claimed a dispute existed due to service quality and delays, referencing Clause 6 of their contract, which included penalties. The Operational Creditor issued a demand notice on 25.11.2019, and the Corporate Debtor replied on 28.12.2019, beyond the 10-day period stipulated by Section 8(2) of the IBC. The Corporate Debtor admitted to owing Rs. 1,93,23,609/- in a letter dated 10th October, 2019. The Corporate Debtor concealed the resubmission

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## Issues and analysis

### Issue 1: Whether the application under Section 9 …

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

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**Reasoning:** The Adjudicating Authority considered the documents and arguments presented by both

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

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**Application:** The Adjudicating Authority found that the Operational Creditor had provided

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## Parties

- **Judges:** ABNI RANJAN KUMAR…; AVINASH K.…
- **Appellants:** Datacorp Traffic…
- **Respondents:** VaaaN Infra…

## Timeline

- **2019-11-25 — Demand Notice…**: Operational creditor issued a demand notice to the corporate debtor for non-payment of…
- **2019-12-28 — Reply to Deman…**: Corporate debtor replied to the demand…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8(2) — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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