# in the matter of Bhagwan Motors Pvt. Ltd. CP (IB) No. 29-9-NCLT-AHM-2017

> NCLT judgment dated 2017-06-06. Citation: TCN-2017-NCLT-00818. The case involves a petition filed by the Proprietor of Utkarsh Steel Corporation under Section…

- **Court:** NCLT
- **Order date:** 6 Jun 2017
- **Citation:** TCN-2017-NCLT-00818
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/bhagwan-motors-pvt-ltd-cp-ib-no-29-9-nclt-ahm-2017-d8340cae

## Summary

### Background

The case involves a petition filed by the Proprietor of Utkarsh Steel Corporation under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking reliefs against Bhagwan Motors Pvt. Ltd. for non-payment of dues for goods supplied. The petitioner, Harshad V. Vora, claims that Bhagwan Motors owes Rs. 41,84,270/- for goods supplied as per several invoices. The petitioner issued a demand notice to the respondent, Bhagwan Motors, in Form 3, demanding immediate payment of the outstanding amount and informing them of their right to dispute the debt.

## Facts

Harshad V. Vora, the Proprietor of Utkarsh Steel Corporation, filed a petition against Bhagwan Motors Pvt. Ltd. under Section 9 of the Insolvency and Bankruptcy Code, 2016, claiming outstanding dues of Rs. 41,84,270/- for goods supplied. The petitioner submitted invoices showing the supply of goods, with the first invoice dated 2014-03-20 and the last dated 2016-05-19. The petitioner issued a demand notice to the respondent on 2017-04-18, which was delivered on 2017-04-22. The petitioner also filed a copy of the bank statement to show that the amount in the invoice was not paid by the corporate debtor. The petitioner stated that no notice of dispute has been given by the respondent. The matter was listed before the bench on 2017-05-26. The petitioner proposed the name

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## Issues and analysis

### Issue 1: Whether the petition filed by Utkarsh Steel Corporation under Section 9 of the Insolvency and …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, allows an operational creditor to

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**Reasoning:** The court examined the documents submitted by the petitioner, including invoices, bank

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**Interpretation:** Section 9 of the IBC provides a mechanism for operational creditors to recover

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**Application:** In this case, the court found that the petitioner had submitted sufficient

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## Parties

- **Judges:** BIKKI RAVEENDRA…
- **Appellants:** Harshad V…
- **Respondents:** Bhagwan Motors…
- **Advocates:** Rajeshwar…; Sumati S…

## Timeline

- **2014-03-20 — First Invoi…**: Date of the first invoice for goods supplied by Utkarsh Steel Corporation to Bhagwan…
- **2015-01-13 — Second Invoi…**: Date of the second invoice for goods supplied by Utkarsh Steel Corporation to Bhagwan…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8(1) — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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