# Mr. Deepak Kumar Gupta vs. M/s. Sumukha Automation Private Limited

> NCLT judgment dated 2026-09-17. Citation: TCN-2026-NCLT-01193. Mr. Deepak Kumar Gupta (Operational Creditor) filed a Section 9 IBC petition against M/s.…

- **Court:** NCLT
- **Order date:** 17 Sept 2026
- **Citation:** TCN-2026-NCLT-01193
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-bengaluru/sumukha-automation-private-limited-juk3f

## Summary

### Background

Mr. Deepak Kumar Gupta (Operational Creditor) filed a Section 9 IBC petition against M/s. Sumukha Automation Private Limited (Corporate Debtor) for an operational debt of ₹1,30,25,934.15, including principal and interest, arising from the supply of iron and steel raw materials. The default date was 28.01.2025, and a demand notice was issued on 06.05.2025. The Corporate Debtor contended that the principal amount was paid after the petition was filed but before admission, and that the claim for interest was not contractually agreed upon and fell below the statutory threshold if considered alone.

## Facts

Mr. Deepak Kumar Gupta, proprietor of M/s. Steelkart India, is the Operational Creditor (OC) engaged in the supply and trading of iron and steel raw materials.

M/s. Sumukha Automation Private Limited is the Corporate Debtor (CD), engaged in automation and engineering solutions.

The CD issued purchase orders in November 2024 for materials, with payment terms stipulating payment within sixty days and interest on delayed payments.

The OC supplied materials as per the purchase orders and issued corresponding tax invoices.

The total operational debt claimed by the OC was ₹1,30,25,934.15/-, comprising a principal outstanding of ₹1,13,28,069.60/- and interest of ₹16,97,864.55/-.

The date of default was 28.01.2025.

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## Issues and analysis

### Issue 1: Whether the threshold prescribed under Section 4 of the IBC is required to be examined on the date …

**Ratio:** The maintainability of a Section 9 application and the satisfaction of the minimum

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**Reasoning:** The Tribunal relied on precedents from the Hon'ble NCLAT and NCLT, specifically Devika

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**Interpretation:** The legal position is that the status of debt and default at the time of

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**Application:** On the date of filing (26.05.2025), the operational debt of ₹1,30,25,934.15/-

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## Parties

- **Judges:** Sunil Kumar…; Radhakrishna…
- **Appellants:** Deepak Kuma…
- **Respondents:** M/s. Sumukha…
- **Other parties:** Committee of…; PRAFULLA GURULINGA…; +1 more
- **Advocates:** Niyath…; Uday Sh…; +2 more

## Timeline

- **2024-11-01 — Purchase Order…**: Corporate Debtor issued several purchase orders for materials, stipulating payment within…
- **2024-11-29 — Email on Payme…**: Operational Creditor sent an email explicitly disclosing interest component on delayed…

## 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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