# In the matter of Mr. Naresh Hansrajmal Bulchandani Vs. Deep Constructions Co. & Anr. CA (AT) No. 70-2018

> NCLAT judgment dated 2018-05-04. Citation: TCN-2018-NCLAT-00306. The case involves an appeal against an order dated 2018-01-18 passed by the National Company…

- **Court:** NCLAT
- **Order date:** 4 May 2018
- **Citation:** TCN-2018-NCLAT-00306
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/mr-naresh-hansrajmal-bulchandani-vs-deep-constructions-co-anr-ca-39b4769b

## Summary

### Background

The case involves an appeal against an order dated 2018-01-18 passed by the National Company Law Tribunal (NCLT), Ahmedabad Bench, which admitted an application under Section 9 of the Insolvency and Bankruptcy Code (IBC) filed by Deep Construction Company ('Operational Creditor') against A & I Hospitality Private Limited ('Corporate Debtor'). The appellant, a shareholder of the Corporate Debtor, challenged the NCLT order, which also declared a moratorium and appointed an Interim Resolution Professional.

## Facts

A & I Hospitality Private Limited ('Corporate Debtor') faced an insolvency application under Section 9 of the Insolvency and Bankruptcy Code (IBC) filed by Deep Construction Company ('Operational Creditor'). The NCLT Ahmedabad admitted the application on 2018-01-18, leading to a moratorium and appointment of an Interim Resolution Professional. Mr. Naresh Hansrajmal Bulchandani, a shareholder of the Corporate Debtor, appealed the NCLT's decision. The appellant argued that no debt was due, disputing the 'default'. The Operational Creditor had issued a demand notice under Section 8(1) of the IBC, but the Corporate Debtor did not reply with a notice of dispute as required by Section 8(2). The appellant claimed the application was incomplete and pointed to defects in

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority (NCLT) was correct in admitting the application under Section 9 …

**Ratio:** The Adjudicating Authority is empowered to admit an application under Section 9 of the

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**Reasoning:** The NCLAT found that the Adjudicating Authority had already considered the appellant's

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

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**Application:** The NCLAT upheld the NCLT's decision, implying that the NCLT had correctly

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** NARESH HANSRAJMAL…
- **Respondents:** A & I Hospitality…; Deep Constructions…

## Timeline

- **2018-01-18 — NCLT Ord…**: The National Company Law Tribunal (NCLT), Ahmedabad Bench, passed an order admitting the…
- **2018-05-04 — Appeal F…**: The Appellant, a shareholder of ‘Corporate Debtor' (A & I Hospitality Private Limited)…

## 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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