# In the matter of Anil Mines & Minerals Ltd. C.P. (I.B) No. 152-9-NCLT-AHM-2017

> NCLT judgment dated 2017-12-22. Citation: TCN-2017-NCLT-00013. Manek Enterprise filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016,…

- **Court:** NCLT
- **Order date:** 22 Dec 2017
- **Citation:** TCN-2017-NCLT-00013
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/anil-mines-minerals-ltd-cp-ib-no-152-9-nclt-ahm-2017-ee9f717a

## Summary

### Background

Manek Enterprise filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate a Corporate Insolvency Resolution Process (CIRP) against Anil Mines and Minerals Ltd. Manek Enterprise claimed that Anil Mines and Minerals Ltd. defaulted on payments for goods supplied between June and August 2016. Despite reminders and the issuance of cheques, the outstanding amount remained unpaid. A demand notice was issued on 20.08.2017, as required by Section 8 of the Code, but the respondent neither made payment nor issued a notice of dispute.

## Facts

Manek Enterprise, the petitioner, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Anil Mines and Minerals Ltd., the corporate debtor. Manek Enterprise claimed that Anil Mines and Minerals Ltd. defaulted on payments for goods supplied between June and August 2016. Despite reminders and the issuance of cheques, the outstanding amount remained unpaid. A demand notice was issued on 20.08.2017, as required by Section 8 of the Code, but the respondent neither made payment nor issued a notice of dispute. The petitioner submitted copies of invoices, bank statements, and a certificate from Kalupur Commercial Bank Ltd. as evidence of the debt and default. The respondent appeared

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## Issues and analysis

### Issue 1: Whether the petition filed by Manek Enterprise under Section 9 of the Insolvency and Bankruptcy …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, read with Rule 6 of the Insolvency

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**Reasoning:** The Adjudicating Authority considered the documents and submissions made by the

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**Interpretation:** Section 9 of the IBC is interpreted to mean that if an operational creditor can

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**Application:** In this case, Manek Enterprise provided sufficient evidence to establish the

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## Parties

- **Judges:** BIKKI RAVEENDRA…; Manorama…
- **Appellants:** Manek Ente…
- **Respondents:** Anil Mines &…

## Timeline

- **2016-06-01 — Purchase Order…**: Anil Mines and Minerals Ltd. placed purchase orders with Manek Enterprise during June to…
- **2016-08-01 — Goods Del…**: Manek Enterprise delivered goods to Anil Mines and Minerals Ltd. with requisite quality…

## 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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