# In the matter of Bhootnath Consultancy Private Limited C.P. (IB) No.321-KB-2017

> NCLT judgment dated 2018-05-07. Citation: TCN-2018-NCLT-01447. The case involves an application filed by Sunil Beriwal, the sole proprietor of M/s Beriwal &…

- **Court:** NCLT
- **Order date:** 7 May 2018
- **Citation:** TCN-2018-NCLT-01447
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/bhootnath-consultancy-private-limited-cp-ib-no321-kb-2017-48b8e31c

## Summary

### Background

The case involves an application filed by Sunil Beriwal, the sole proprietor of M/s Beriwal & Associates, as an Operational Creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, to initiate the Corporate Insolvency Resolution Process against Bhootnath Consultancy Private Limited, the Corporate Debtor. The operational creditor claimed that an amount of Rs. 2,30,000/- was due from the corporate debtor on account of professional fees.

## Facts

Sunil Beriwal, operating as Beriwal & Associates, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Bhootnath Consultancy Private Limited, claiming Rs. 2,30,000/- for unpaid professional fees. A demand notice was issued on April 24, 2017, to which Bhootnath Consultancy responded on April 25, 2017, admitting liability but citing financial difficulties. Beriwal provided an invoice, demand notice, an affidavit under Section 9(3)(b), and a certificate from UCO Bank. Bhootnath Consultancy acknowledged the debt but argued inability to pay. The applicant initially proposed Mr. Sandip Kejriwal as Interim Resolution Professional, but later proposed Ms. Sonu Jain due to Mr. Kejriwal's personal inconvenience. The operational creditor

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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)(i) of the Code requires compliance with the specified requirements for the

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**Reasoning:** The court was satisfied that the operational creditor had complied with the requirements

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**Interpretation:** Section 9 of the Insolvency and Bankruptcy Code, 2016, allows an operational

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**Application:** The court found that the Operational Creditor, Sunil Beriwal, had demonstrated

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## Parties

- **Judges:** Jinan…; Madan B.…
- **Appellants:** Sunil Be…
- **Respondents:** Bhootnath…

## Timeline

- **2017-04-24 — Demand Notice…**: The operational creditor issued a…
- **2017-04-25 — Reply to Deman…**: The corporate debtor replied to the demand notice, admitting liability but expressing…

## 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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