# In the matter of Alex Green Energy Private Limited C.P. (IB) No.1439-KB-2018

> NCLT judgment dated 2019-02-18. Citation: TCN-2019-NCLT-04800. The case involves an application filed by Hemant Khaitan, an Operational Creditor, under…

- **Court:** NCLT
- **Order date:** 18 Feb 2019
- **Citation:** TCN-2019-NCLT-04800
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/alex-green-energy-private-limited-cp-ib-no1439-kb-2018-9572cb28

## Summary

### Background

The case involves an application filed by Hemant Khaitan, an Operational Creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against Alex Green Energy Private Limited. The Operational Creditor claimed that the Corporate Debtor owed him Rs. 5,00,400/- as unpaid salary. The Corporate Debtor allegedly failed to pay this amount despite repeated demands.

## Facts

Hemant Khaitan, the Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Alex Green Energy Private Limited, the Corporate Debtor, claiming unpaid salary of Rs. 5,00,400/-. Khaitan was appointed as Business Development Manager on March 15, 2012, with an annual gross salary of Rs. 10,00,800/-. He joined on April 1, 2012, and resigned on September 1, 2012, effective from September 30, 2012, which was accepted by the Corporate Debtor. Despite correspondences and a demand notice sent on August 27, 2018, the Corporate Debtor failed to pay the outstanding amount. The Corporate Debtor did not raise any dispute or reply to the notice. The Operational Creditor submitted documents including the appointment letter,

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor is complete as per Section 9(5) of the …

**Ratio:** Section 9(5) of the Insolvency and Bankruptcy Code, 2016, specifies the requirements for

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**Reasoning:** The court found that the Operational Creditor had established that there was no payment

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**Interpretation:** Section 9(5) requires the applicant to demonstrate that the debt is due and

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**Application:** The Operational Creditor provided evidence of the outstanding debt and the

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## Parties

- **Judges:** Jinan…
- **Appellants:** M/S. HEMANT…
- **Respondents:** M/S. ALEX GREEN…

## Timeline

- **2012-03-15 — Appointment…**: Hemant Khaitan was appointed as Business Development Manager by Alex Green Energy Private…
- **2012-04-01 — Joining…**: Hemant Khaitan joined Alex…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 14 — Moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-14)

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