# In the matter of Azimuth Software India Private Limited IBA-1302-2019

> NCLT judgment dated 2021-03-04. Citation: TCN-2021-NCLT-02826. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 4 Mar 2021
- **Citation:** TCN-2021-NCLT-02826
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/azimuth-software-india-private-limited-iba-1302-2019-f8f09870

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Mrs. B. Padmavathi, Proprietor of M/s. Padmavathi Tea and Food Supplier, against M/s. Azimuth Software India Private Limited, the Corporate Debtor, for initiation of Corporate Insolvency Resolution Process (CIRP). The applicant claimed unpaid invoices for tea and snacks supplied to the respondent company. The Corporate Debtor acknowledged the debt in a letter dated 31.07.2019.

## Facts

Mrs. B. Padmavathi, operating as M/s. Padmavathi Tea and Food Supplier, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against M/s. Azimuth Software India Private Limited. The application was based on unpaid invoices for tea and snacks supplied by the applicant to the respondent. The invoices were for the period from 01.03.2018 to 31.03.2018. The Corporate Debtor acknowledged the outstanding debt of Rs.1,30,121/- in a letter dated 31.07.2019. The application was filed on 31.10.2019. The Corporate Debtor, in its reply, cited financial difficulties due to general recession and the Covid-19 pandemic. The Corporate Debtor also suggested Mr. K. Suresh as the proposed IRP.

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor under Section 9 of the Insolvency and …

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

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**Reasoning:** The Corporate Debtor admitted the amount due. The Adjudicating Authority was satisfied

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**Interpretation:** Section 9 of the IBC allows an operational creditor to initiate CIRP against a

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**Application:** The Corporate Debtor admitted the amount due, satisfying the requirements of

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## Parties

- **Judges:** R. Sucha…; B. Anil…
- **Appellants:** B. Padma…
- **Respondents:** M/s. Azimuth…

## Timeline

- **2018-03-01 — Invoices C…**: Invoices claimed by the Applicant for the…
- **2019-07-31 — Acknowledgemen…**: Corporate Debtor acknowledged the balance amount due and payable i.e., a sum of…

## 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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