# In the matter of Devesh S, Amin Vs. Kalon Beauty and Healthcare Services LLP CA(AT)(Ins)No. 588 of 2020

> NCLAT judgment dated 2020-09-24. Citation: TCN-2020-NCLAT-00105. The appeal was filed against the Impugned Judgment and Order passed by the Adjudicating…

- **Court:** NCLAT
- **Order date:** 24 Sept 2020
- **Citation:** TCN-2020-NCLAT-00105
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/devesh-s-amin-vs-kalon-beauty-and-healthcare-services-llp-ca-6d9475c9

## Summary

### Background

The appeal was filed against the Impugned Judgment and Order passed by the Adjudicating Authority, NCLT, Ahmedabad, which dismissed the application filed by the Appellant under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Appellant claimed to have done construction work for the Corporate Debtor and raised invoices for civil nature work. The appellant claimed that Rs. 1,45,716/- was still due after adjusting part payments.

## Facts

Devesh S. Amin, the Appellant/Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Kalon Beauty and Healthcare Services LLP, the Respondent/Corporate Debtor, claiming that Rs. 1,45,716/- was due for construction work done between October 2017 and January 2018. The Adjudicating Authority, NCLT, Ahmedabad, dismissed the application because the demand notice issued by the operational creditor was incomplete and not as per the prescribed format, and the operational creditor did not file any document like an appointment letter/contract to support his claim. The address on the demand notice did not match the registered address of the Corporate Debtor. The Appellant filed an appeal against this dismissal.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority was correct in dismissing the application under Section 9 of the …

**Ratio:** The Insolvency and Bankruptcy Code, 2016, requires strict compliance with the prescribed

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**Reasoning:** The Adjudicating Authority dismissed the application because the demand notice was

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**Interpretation:** Section 9 of the Insolvency and Bankruptcy Code, 2016, is interpreted to

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**Application:** In this case, the operational creditor failed to comply with the procedural

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## Parties

- **Judges:** A.I.S. C…; Kanthi Na…; +1 more
- **Appellants:** Devesh S.…
- **Respondents:** Kalon Beauty &…; Kalon Beauty and…

## Timeline

- **2017-10-03 — Start of Construction…**: The Appellant/Operational Creditor started…
- **2018-01-21 — End of Construc…**: The Appellant/Operational Creditor completed…

## 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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