# In the matter of Anubha Sinha Vs. JN Hotels Pvt. Ltd. & Anr.,Company  Appeal (AT) (Ins.) No. 1411 of 2022

> NCLAT judgment dated 2022-11-24. Citation: TCN-2022-NCLAT-00074. This is an appeal against the order dated 28.10.2022 passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 24 Nov 2022
- **Citation:** TCN-2022-NCLAT-00074
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/anubha-sinha-vs-jn-hotels-pvt-ltd-anrcompany-appeal-730af711

## Summary

### Background

This is an appeal against the order dated 28.10.2022 passed by the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench-I, Kolkata, which admitted an application under Section 9 filed by ‘JN Hotels Pvt. Ltd.’. The Respondent- Operational Creditor is a lessor under two leases. The Corporate Debtor had taken the premises on lease for business purposes, with one deed executed in 2013 and another in 2016. The application claimed an operational debt of Rs.1,22,61,890. Prior to filing the application, a demand notice was issued under Section 8 on 25.04.2019, which was not replied to by the Corporate Debtor. Subsequently, the Section 9 application was filed. The Corporate Debtor opposed the Section 9 application, but the Adjudicating Authority admitted it

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## Facts

JN Hotels Pvt. Ltd. (Operational Creditor) filed an application under Section 9 of the IBC against a Corporate Debtor, claiming an operational debt of Rs. 1,22,61,890 based on lease agreements. The Corporate Debtor had taken premises on lease for business purposes, with lease deeds executed in 2013 and 2016. A demand notice under Section 8 was issued on 25.04.2019 but was not replied to. The Corporate Debtor opposed the Section 9 application, arguing that the debt did not meet the threshold after adjusting for payments. The Adjudicating Authority admitted the application, leading to an appeal by the Corporate Debtor. The Appellant contended that the maintenance of the premises was the liability of the Operational Creditor. The Operational Creditor had already given the

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in admitting the Section 9 application filed by the …

**Ratio:** The Adjudicating Authority has the power to admit a Section 9 application if the

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**Reasoning:** The Adjudicating Authority considered the submissions of both parties and the objections

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**Interpretation:** Section 9 of the IBC allows an operational creditor to initiate the corporate

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**Application:** The Adjudicating Authority correctly applied the provisions of Section 9 by

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## Parties

- **Judges:** Ashok Bh…; Alok Sriv…; +1 more
- **Appellants:** Anubha…
- **Respondents:** J.N. Hotels Pvt.…

## Timeline

- **2013-01-01 — Lease Deed Ex…**: One lease deed was executed between the…
- **2016-01-01 — Lease Deed Ex…**: Another lease deed was executed between the…

## Legal provisions

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

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