# In the matter of Betain Career Institute Pvt Ltd C.P. No. (IB) 102-9-NCLT-AHM-2020

> NCLT judgment dated 2020-10-13. Citation: TCN-2020-NCLT-00399. Harmony Multimedia Pvt Ltd, the operational creditor, filed a petition under Section 9 of the…

- **Court:** NCLT
- **Order date:** 13 Oct 2020
- **Citation:** TCN-2020-NCLT-00399
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/betain-career-institute-pvt-ltd-cp-no-ib-102-9-nclt-ahm-2020-13f6f920

## Summary

### Background

Harmony Multimedia Pvt Ltd, the operational creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Betain Career Institute Pvt Ltd, the corporate debtor, for a default in payment of Rs. 41,40,515.32. This amount was due for the release of advertisements in local daily newspapers. The corporate debtor failed to make the payment despite reminders and a demand notice issued under Section 8 of the I&B Code.

## Facts

Harmony Multimedia Pvt Ltd (operational creditor) filed a petition against Betain Career Institute Pvt Ltd (corporate debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016. The operational creditor claimed a default of Rs. 41,40,515.32, which was due for advertisements released on behalf of the corporate debtor in local newspapers. The corporate debtor was registered on 28.03.2017. The operational creditor issued a demand notice on 22.11.2019 under Section 8 of the I&B Code, which was duly delivered to the corporate debtor. The petition was filed on 27.01.2020. The corporate debtor did not appear in person or through a representative despite multiple opportunities. The demand notice issued under Section 8 of the I&B Code on 07.11.2019 was served

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## Issues and analysis

### Issue 1: Whether the application filed by the operational creditor is complete and meets the requirements of …

**Ratio:** The Adjudicating Authority must be satisfied that the application is complete in all

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**Reasoning:** The court perused the material placed on record by the applicant and found that the

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**Interpretation:** Section 9 of the Insolvency and Bankruptcy Code, 2016, outlines the

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**Application:** In this case, the court found that the application was complete, and the

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## Parties

- **Judges:** Manorama…; Chockalingam…
- **Appellants:** Harmony Multimedia…
- **Respondents:** Betain Career…; Betain Careen…

## Timeline

- **2017-03-28 — Corporate Debtor…**: Betain Career Institute Pvt Ltd…
- **2019-11-07 — Demand Notice…**: Demand notice issued by the applicant…

## 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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