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

> NCLT judgment dated 2022-01-19. Citation: TCN-2022-NCLT-04410. The case involves an application filed by Datacorp Traffic Private Limited (Operational…

- **Court:** NCLT
- **Order date:** 19 Jan 2022
- **Citation:** TCN-2022-NCLT-04410
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/vaaan-infra-private-limited-ib-412-nd-2020-3ab8576e

## 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 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 Corporate Debtor alleges disputes regarding the quality and timeliness of services provided by the Operational Creditor, referring to Clause 6 of their contract which includes penalties for delayed or rejected

…

## Facts

Datacorp Traffic Private Limited (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against VaaaN Infra Private Limited (Corporate Debtor) for non-payment of Rs. 3,97,17,481/- for services rendered. The Corporate Debtor, engaged in Tech systems, Infrastructure & Intelligent Transport Solutions, was contracted by M/s Indian Highways Management Company Limited (IHMCL) for highway projects. The Operational Creditor conducted ATCC traffic surveys on 2 and 4 lane sites in Gujarat and Maharashtra based on purchase orders from the Corporate Debtor. Invoices were raised, with payment terms of 60 days from submission. The Corporate Debtor claimed disputes regarding service quality and delays, referencing Clause 6 of the

…

## Issues and analysis

### Issue 1: Whether the Corporate Debtor adhered to the timelines stipulated under Section 8(2) of the IBC, …

**Ratio:** Section 8(2) of the IBC, 2016 mandates that the Corporate Debtor must notify the

…

**Reasoning:** The court observed that the Corporate Debtor replied to the demand notice on 28.12.2019,

…

**Interpretation:** Section 8(2) is interpreted strictly to ensure timely resolution of disputes

…

**Application:** Since the Corporate Debtor's reply was beyond the stipulated 10-day period, the

…

## 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…
- **2019-12-28 — Reply to Deman…**: Corporate Debtor replied…

## 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/vaaan-infra-private-limited-ib-412-nd-2020-3ab8576e