# In the matter of Panache Construction Private Limited

> NCLT judgment dated 2023-07-21. Citation: TCN-2023-NCLT-05267. Khandelwal Group Pvt. Ltd. filed an application under Section 9 of the IBC, seeking to initiate…

- **Court:** NCLT
- **Order date:** 21 Jul 2023
- **Citation:** TCN-2023-NCLT-05267
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-new-delhi/panache-construction-private-limited-079ca6a7

## Summary

### Background

Khandelwal Group Pvt. Ltd. filed an application under Section 9 of the IBC, seeking to initiate CIRP against Panache Construction Pvt. Ltd. for failing to pay Rs.6,64,576/- and Rs.1,00,000/- as legal expenses.

## Facts

Khandelwal Group Pvt. Ltd. (Operational Creditor) filed an application under Section 9 of the IBC against Panache Construction Pvt. Ltd. (Corporate Debtor).

The claim amount was Rs.6,64,576/- plus Rs.1,00,000/- as legal expenses.

The Operational Creditor claimed to have supplied steel and steel bars to the Corporate Debtor between 04.06.2017 and 16.06.2017.

The date of default was claimed to be 23.06.2017.

The Operational Creditor issued a demand notice on 13.01.2020 under Section 8 of the IBC.

The Corporate Debtor claimed to have replied to the Section 8 notice on 25.01.2020.

The Corporate Debtor disputed the claim, stating that they only ordered and received goods worth Rs.53,374/- and had paid in full.

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority has the power to adjudicate whether the alleged invoices are …

**Ratio:** The Adjudicating Authority does not have the power to adjudicate whether the alleged

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**Reasoning:** The Adjudicating Authority's role is to determine if a dispute exists, not to resolve the

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**Interpretation:** The Adjudicating Authority should not delve into the merits of the dispute at

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**Application:** The Adjudicating Authority dismissed the application because the invoices were

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## Parties

- **Judges:** P.S.N. P…; BINOD KUMAR…
- **Appellants:** Khandelwal Group…
- **Respondents:** Panache Constructi…
- **Other parties:** Khandelwal Group…
- **Advocates:** Purav M…; Nitesh…

## Timeline

- **2017-06-04 — Supply of M…**: Operational Creditor supplied material to Corporate Debtor between 04.06.2017 and…
- **2017-06-23 — Date of D…**: The date of default occurred after seven…

## 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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