SL. No.3

NATIONAL COMPANY LAW TRIBUNAL

COURT HALL NO: II

Hearing Through: VC and Physical (Hybrid) Mode

CORAM: SHRI. RAJEEV BHARDWAJ, HON’BLE MEMBER (J)

CORAM: SHRI. SANJAY PURI, - HON’BLE MEMBER (T)

ATTENDANCE-CUM-ORDER SHEET OF THE HEARING OF NATIONAL COMPANY LAW TRIBUNAL,

HYDERABAD BENCH, HELD ON 05.09.2024 AT 10:30 AM

TRANSFER PETITION NO.

COMPANY PETITION/APPLICATION NO. Company Petition IB/386/9/2022

NAME OF THE COMPANY Gowthami Infratech Pvt Ltd

NAME OF THE PETITIONER(S) Orissa Concrete Industries

NAME OF THE RESPONDENT(S) Gowthami Infratech Pvt Ltd

UNDER SECTION 9 of IBC

ORDER IN THE NATIONAL COMPANY LAW TRIBUNAL Between M/s. Orissa Concrete Industries, N2/180 IRC Village, Behind IRC Post Office, Nayapalli, Bhubaneswar, Odisha – 751 015.

Orders pronounced, recorded vide separate sheets. In the result, this Company

Petition is dismissed.

Sd/- Sd/-

MEMBER (T) MEMBER (J)

Vamsi

….Operational Creditor And M/s. Gowthami Infratech Private Limited, 6-3-1149/1, BS Makta, Hyderabad – 500 016.

....Corporate Debtor Date of order : 05.09.2024 CORAM Sri Rajeev Bhardwaj, Hon’ble Member (Judicial)

Sri Sanjay Puri, Hon’ble Member (Technical)

Counsels present For the Operational Creditor : Mr. Saswat Kumar Acharya For the Corporate Debtor : Mr. M Maharshi Viswaraj Per : Sanjay Puri, Member (Technical)

O R D E R

1. This Application, filed under Section 9 of IBC, is based on an order1 issued by the Micro and Small Enterprises Facilitation Council (MSEFC), awarding Rs 1,53,36,336 in favor of the Operational Creditor (OC) and against the Corporate Debtor (CD). The OC is stated to have supplied goods worth Rs 1,20,17,639 to the CD during the period 2010-2011. Of this amount, the CD made payments totaling Rs 1,05,99,419, leaving an unpaid balance of Rs

14,18,220.

2. The OC, registered as a Small-Scale Enterprise in the State of Odisha, filed an application with the Micro and Small Enterprises Facilitation Council (MSEFC) on 07.11.2019 to recover the outstanding balance of Rs 14,18,220 from the CD. This application was adjudicated by the MSEFC, which issued an order on 20.12.2021, awarding a total of Rs 1,53,36,336 to the OC. This amount included Rs 14,18,220 as the principal and Rs 1,39,18,115 as interest. The order, passed ex-parte against the CD, directed the CD to pay the total sum of Rs 1,53,36,336 within 30 days.

3. The OC then issued a Demand Notice2 to the CD on 03.07.2022, under Section 8 of IBC raising a demand totaling to Rs 2,19,50,216. This amount included Rs 14,18,220 as outstanding principal and Rs 2,05,31,995 as interest³. Receiving no response from the CD, the present Application was filed by the OC on 02.12.2022.

4. Notice was directed to be issued to the Corporate Debtor (CD), but it was not properly served. The notices sent were returned as the

1 Page 226 – 232 of the Application Page 233 – 253 of the Application Interest calculated up to 30.06.2022 addressee was unavailable at the address provided in the Application. Eventually, the CD was notified through publication in newspapers. As no representation followed, the Respondent CD was set ex-parte on 06.06.2023. However, Mr. M. Vishwaraj, Advocate later appeared on behalf of the CD and filed an application to set aside the ex-parte order, which was granted. Subsequently, a counter reply was filed by the CD, followed by a rejoinder from the Operational Creditor (OC), completing the pleadings.

5. In the counter reply, the Respondent CD has primarily contended that the Demand Notice under Section 8 of IBC was not served on the CD prior to the filing of the present Application. Additionally, the CD claims that the ex-parte award obtained from the MSEFC in Odisha was never communicated to them, and they only became aware of it through the current IBC proceedings. The CD further states that they intend to initiate appropriate proceedings to challenge the award.

6. In its rejoinder, the OC has assailed the contention of non-service of Section 8 Notice on the CD. The OC has asserted that the Demand Notice was s