# In the matter of Ravinder Kumar Kalra (Director of Suspended Board of Evershine Solvex Pvt. Ltd.) Vs. Ricela Health Foods Limited & Ors. CA (AT) (Ins) No. 54 of 2020

> NCLAT judgment dated 2021-02-01. Citation: TCN-2021-NCLAT-00386. The case involves an appeal against the admission of an application filed by Ricela Health…

- **Court:** NCLAT
- **Order date:** 1 Feb 2021
- **Citation:** TCN-2021-NCLAT-00386
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ravinder-kumar-kalra-director-of-suspended-board-of-evershine-solvex-pvt-ltd-vs-108be04b

## Summary

### Background

The case involves an appeal against the admission of an application filed by Ricela Health Foods Limited (Respondent) under Section 9 of the Insolvency and Bankruptcy Code, 2016 (I&B Code) against Evershine Solvex Private Limited (Corporate Debtor). The application was admitted based on an ex-parte order against the Corporate Debtor. The Corporate Debtor filed I.A. No. 283 of 2020 under Section 60(5) of the I&B Code read with Rules 11, 49, 110 of NCLT Rules, 2016 for setting aside of the same. The Corporate Debtor's contention was that the service of notice was invalid.

## Facts

Ricela Health Foods Limited filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 against Evershine Solvex Private Limited. The application was admitted ex-parte on February 27, 2020, after the Corporate Debtor was set ex-parte on February 17, 2020. The Corporate Debtor filed I.A. No. 283 of 2020 seeking to set aside the ex-parte order, which was dismissed on December 15, 2020. The Corporate Debtor argued that the service of notice was invalid. The Adjudicating Authority relied on the tracking report of the Postal Department, which confirmed delivery of notice. The Appellant argued that the application under Section 9 was not maintainable and that the Respondent was not an Operational Creditor. The outstanding liability was Rs.27 Lakhs, but

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the Insolvency and Bankruptcy Code, 2016 was …

**Ratio:** Section 9 of the I&B Code allows an operational creditor to initiate the Corporate

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**Reasoning:** The court reasoned that the Corporate Debtor did not appear in response to the notice and

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**Interpretation:** The court interpreted Section 9 to mean that the Adjudicating Authority must be

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**Application:** The court applied the ratio to the facts by noting that the Corporate Debtor

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## Parties

- **Judges:** Bansi Lal…; Ashok Kumar…; +1 more
- **Appellants:** Ravinder Kumar…
- **Respondents:** Evershine Solvex…; Ricela Health…

## Timeline

- **2019-03-08 — Demand Noti…**: Demand notice was issued…
- **2020-02-17 — Ex-parte…**: The Adjudicating Authority passed an…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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