# In the matter of NA BHUTHO NA BHAVISHYATHI TECH PRIVATE LIMITED

> NCLT judgment dated 2025-06-06. Citation: TCN-2025-NCLT-00925. The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 6 Jun 2025
- **Citation:** TCN-2025-NCLT-00925
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-bengaluru/na-bhutho-na-bhavishyathi-tech-private-limited-7a76659f

## Summary

### Background

The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 by J C Electronica Pvt. Ltd. (Operational Creditor) against NA Bhutho Na Bhavisyathi Tech Pvt. Ltd. (Corporate Debtor) for initiating the Corporate Insolvency Resolution Process (CIRP) due to a default in payment of Rs. 1,20,37,200.

## Facts

J C Electronica Pvt. Ltd. (Operational Creditor) filed a petition under Section 9 of the IBC, 2016 against NA Bhutho Na Bhavisyathi Tech Pvt. Ltd. (Corporate Debtor) for a default of Rs. 1,20,37,200.

The Operational Creditor supplied electronic components to the Corporate Debtor based on a purchase order dated 17.01.2022.

The Corporate Debtor made an advance payment of Rs. 77,70,000 on 24.01.2022.

The Corporate Debtor delivered 10,000 electronic components out of the ordered 12,000 on 09.03.2022.

The Operational Creditor found the delivered components to be fake and counterfeit.

The Corporate Debtor admitted the fault and agreed to return the advance payment.

The Corporate Debtor issued a cheque of Rs. 40,00,000 on 25.07.2022, which was dishonored.

…

## Issues and analysis

### Issue 1: Whether the Operational Creditor complied with the mandatory requirements under Section 8(1) of the …

**Ratio:** The demand notice was dispatched to the Corporate Debtor by a legally authorized advocate

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**Reasoning:** The Corporate Debtor's assertion questioning the advocate's authorization is without

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**Interpretation:** Once an Advocate was duly instructed to issue the demand notice, there was no

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**Application:** The Tribunal held that the demand notice was valid and complied with the

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## Parties

- **Judges:** Sunil Kumar…; Radhakrishna…
- **Appellants:** J C Electronica…
- **Respondents:** NA Bhutho Na…
- **Other parties:** Heman…; Srikantiah…; +1 more
- **Advocates:** Abhishek…

## Timeline

- **2022-01-17 — Purchase…**: Operational Creditor issued a Purchase Order No. PO2122012067 to the Corporate Debtor for…
- **2022-01-18 — Proforma I…**: Corporate Debtor issued the proforma invoice dated 18.01.2022 for a sum of Rs.…

## 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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