# In the matter of Aslam Shaikh Vs Solaris Ceramics Pvt Ltd CA (AT) 491-2019

> NCLAT judgment dated 2019-05-06. Citation: TCN-2019-NCLAT-00581. The Respondent, an Operational Creditor, filed an application under Section 9 of the…

- **Court:** NCLAT
- **Order date:** 6 May 2019
- **Citation:** TCN-2019-NCLAT-00581
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/aslam-shaikh-vs-solaris-ceramics-pvt-ltd-ca-03ab156f

## Summary

### Background

The Respondent, an Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, which was admitted by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench. The order of admission is under challenge in this appeal.

## Facts

The Respondent, an Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Adjudicating Authority admitted the application. The Appellant, a shareholder of 'Nasban Import and Export Private Limited' (Corporate Debtor), argued that no amount was payable due to inter-communication made through e-mail. The Appellant relied on two e-mails dated 15th February, 2018, and 2nd December, 2017, to support the claim that the debt amount was either to be adjusted or recovered. The court found that the emails showed the debt was payable by the Corporate Debtor. The Respondent filed the application under Section 9 due to default of payment.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority's order admitting the application under Section 9 of the …

**Ratio:** The court must determine if a debt exists and if a default has occurred before admitting

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**Reasoning:** The court analyzed the e-mails presented as evidence and concluded that they clearly

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

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**Application:** The court applied the ratio to the facts by examining the e-mails and

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…
- **Appellants:** Aslam S…
- **Respondents:** Nasban Import and…; Solaris Ceramics…

## Timeline

- **2019-04-09 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, passed an order…
- **2019-05-06 — Application…**: The Respondent- (‘Operational Creditor') filed an application under Section 9 of the…

## 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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