IN THE NATIONAL COMPANY LAW TRIBUNAL

MUMBAI BENCH : C-IV

CP(IB)-552/MB/2021

Under Section 9 of the IBC, 2016

In the matter of

Sendoz Commercial Private Limited

…Operational Creditor

v/s.

IREL (India) Limited

…Corporate Debtor

Order Pronounced on: 24.02.2023

Coram:

Mr. Prabhat Kumar

Mr. Kishore Vemulapalli

Hon’ble Member (Technical)

Hon’ble Member (Judicial)

Appearances (via videoconferencing):

For the Petitioner:

Mr. Suyog Mujumdar, Advocate.

For the Respondent: Ms. Consulta Juris, Advocate.

ORDER

Per: Prabhat Kumar, Member (Technical)

1.

This is a Company Petition filed under Section 9 of the Insolvency &

Bankruptcy Code, 2016 (IBC) by Sendoz Commercial Private Limited,

(“the Operational Creditor”) on 14.04.2021, seeking to initiate Corporate

Insolvency Resolution Process (CIRP) against IREL (India) Private

IN THE NATIONAL COMPANY LAW TRIBUNAL

MUMBAI BENCH : C-IV

CP(IB)-552/MB/2021

Page 2 of 7

Limited (“the Corporate Debtor”) for the amount payable to the

Operational Creditor.

2.

The Corporate Debtor is a company incorporated on 18.08.1950, is a

Government of India undertaking under the control of Department of

Atomic Energy, a company limited by shares with the Registrar of

Companies, Maharashtra, Mumbai. Its Corporate Identity Number (CIN)

is U15100MH1950GOI008187. Its registered office is at Plot 1207, ECIL

Building, 1207 Veer Savarkar Marg, Prabhadevi, Mumbai – 400 028,

Maharashtra. Therefore, this Bench has jurisdiction to deal with the

present Petition.

3.

The present petition was filed by the Operational Creditor before this

Tribunal on the ground that the Corporate Debtor failed to make

payment of a total sum of Rs.2,16,62,305/- (Rupees Two crore sixteen lakh

sixty-two thousand three hundred and five only) out of which the

principal sum is Rs.1,83,57,886/-. The date of default is 23.03.2020 as per

the details given in Part-IV of the Petition.

4.

The case of the Operational Creditor is as under:

a) The Operational Creditor submits that it has supplied 4044.52 MT of

Coal valued at Rs.1,83,57,886/- on 22.02.2020 to the Corporate Debtor

against their Purchase Order No. 36/P/02171/PT/PO-36-01060 dated

28.01.2020 and an invoice was raised for the same value

(Rs.1,83,57,886/-) on 22.02.2020 and sent to the Corporate Debtor on

the same date. Though, the Corporate Debtor informed the

IN THE NATIONAL COMPANY LAW TRIBUNAL

MUMBAI BENCH : C-IV

CP(IB)-552/MB/2021

Page 3 of 7

Operational Creditor through an email dated 25.02.2020 that the

consignment has been rejected due to inferior quality as the sample

testing carried out by the Corporate Debtor, but had not supplied any

test report in support of inferior quality allegation. The Operational

Creditor has further stated that prior to loading and dispatching of the

consignment, a sample test was conducted by the Operational

Creditor and the quality criterion were met.

b) In the Purchase Order of the Corporate Debtor, it is clearly indicated

in Clause 3 that if the Supplier/Operational Creditor is not satisfied

with the test conducted by the Purchaser/Corporate Debtor, the

Creditor could ask for ‘referee sample’ to be tested in a government

lab whose result shall be ‘final and binding’. In accordance with the

said Clause, the Operational Creditor communicated to the Corporate

Debtor through email on 29.02.2020 requesting the Corporate Debtor

to conduct a sample test in a government laboratory. Due to Covid-19

and delayed communications, took long time to confirm the suggested

testing in the government laboratory. Finally, on 14.08.2020 sample

was sent to National Metallurgical Laboratory (NML), Jamshedpur for

testing, however, the test report was not given to the Operational

Creditor.

The

Petitioner

further

states

that

on

25.09.2020,

Mr. Ramakrishna, representative of th