# In the matter of DEMAC TECHNOLOGIES PVT LTD

> NCLT judgment dated 2026-01-20. Citation: TCN-2026-NCLT-00056. Sarens Heavy Lifts India Pvt. Ltd. filed a petition under Section 9 of the IBC, 2016 against…

- **Court:** NCLT
- **Order date:** 20 Jan 2026
- **Citation:** TCN-2026-NCLT-00056
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-ahmedabad/demac-technologies-pvt-ltd-b5ece9e0

## Summary

### Background

Sarens Heavy Lifts India Pvt. Ltd. filed a petition under Section 9 of the IBC, 2016 against Demac Technologies Private Limited for initiation of CIRP due to default in payment of operational debt amounting to Rs. 2,39,51,037.60.

## Facts

Sarens Heavy Lifts India Pvt. Ltd. (Operational Creditor) filed a petition under Section 9 of the IBC against Demac Technologies Private Limited (Corporate Debtor).

The operational debt claimed was Rs. 2,39,51,037.60, including interest, arising from the supply of goods/services.

The Corporate Debtor argued that the demand notice was invalid due to lack of proper authorization and that a pre-existing dispute existed.

The Operational Creditor contended that the demand notice was validly issued, and no pre-existing dispute existed.

The Corporate Debtor acknowledged its liability and issued a repayment plan, but failed to comply with it.

…

## Issues and analysis

### Issue 1: Whether the demand notice issued …

**Ratio:** A demand notice issued by an advocate duly instructed by the operational creditor is

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**Reasoning:** The Adjudicating Authority relied on the Supreme Court's decision in Macquarie Bank

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**Interpretation:** The issuance of a demand notice through an instructed advocate satisfies the

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**Application:** The Adjudicating Authority found that the demand notice was issued by the

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## Parties

- **Judges:** SHAMMI…; SANJEEV S…
- **Appellants:** Sarens Heavy…; Sarens Heavy Lift…
- **Respondents:** Demac Technologies…
- **Other parties:** Chintan Kashyapkum…
- **Advocates:** Nandish H…; Biju A…

## Timeline

- **01.10.2025 — Petition…**: The Petition is filed on 01.10.2025 by the Applicant- Sarens Heavy Lift India Private…
- **22.01.2024 — Work Orde…**: The Operational Debt has arisen from services rendered by the Operational Creditor to 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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