# In the matter of Bhola Baba Exim Pvt. Ltd. (IB)-854(ND)-2019

> NCLT judgment dated 2019-05-16. Citation: TCN-2019-NCLT-03286. The Operational Creditor, Ashok Kumar Sharma, filed a petition for the initiation of the…

- **Court:** NCLT
- **Order date:** 16 May 2019
- **Citation:** TCN-2019-NCLT-03286
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/bhola-baba-exim-pvt-ltd-ib-854nd-2019-8fa11368

## Summary

### Background

The Operational Creditor, Ashok Kumar Sharma, filed a petition for the initiation of the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor, Bhola Baba Exim Pvt. Ltd., due to its inability to liquidate its debts. The Operational Creditor claimed to have supplied Manganese Metal and other allied goods to the Corporate Debtor on credit, with part payments made and a running account maintained. The Operational Creditor's grievance was that amounts totaling Rs. 13,22,927/- under two invoices dated 29.07.2017 and 29.12.2017 remained unpaid despite repeated requests and reminders. A demand notice was issued on 02.03.2019 under Section 8 of the Insolvency & Bankruptcy Code, but it was not replied to.

## Facts

Ashok Kumar Sharma, the Proprietor of Alloysmin Industries, is the Operational Creditor. Bhola Baba Exim Pvt. Ltd. is the Corporate Debtor. The Operational Creditor supplied Manganese Metal and other allied goods to the Corporate Debtor on credit. The Corporate Debtor made part payments, and a running account was maintained. An amount of Rs. 13,22,927/- remained unpaid under two invoices dated 29.07.2017 and 29.12.2017. The Operational Creditor issued a demand notice dated 02.03.2019 under Section 8 of the Insolvency & Bankruptcy Code, which was not replied to. The Corporate Debtor failed to appear in the proceedings despite being served with notice. The Operational Creditor filed a petition under Section 9 of the IBC, 2016, for initiation of CIRP. The petition was

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## Issues and analysis

### Issue 1: Whether the petition filed by the Operational Creditor for initiation of Corporate Insolvency …

**Ratio:** The petition is maintainable if the Operational Creditor has demonstrated that a debt is

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**Reasoning:** The court reasoned that the Corporate Debtor failed to appear despite being served with

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

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**Application:** The court applied the ratio to the facts by noting that the Corporate Debtor

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## Parties

- **Judges:** Ina Mal…; V.K. SUB…
- **Appellants:** Ashok Kumar…
- **Respondents:** Bhola Baba EXIM…

## Timeline

- **2017-07-29 — Invoice…**: One of the invoices for…
- **2017-12-29 — Invoice…**: Another invoice for…

## 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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