# In the matter of Brajkon Organics Pvt. Ltd. CP (IB) 38-GB-2019

> NCLT judgment dated 2020-01-30. Citation: TCN-2020-NCLT-02132. The case pertains to an application filed by M/s OM Logistics Ltd., the Operational Creditor…

- **Court:** NCLT
- **Order date:** 30 Jan 2020
- **Citation:** TCN-2020-NCLT-02132
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/brajkon-organics-pvt-ltd-cp-ib-38-gb-2019-83882659

## Summary

### Background

The case pertains to an application filed by M/s OM Logistics Ltd., the Operational Creditor (OC), under Section 9 of the Insolvency & Bankruptcy Code, 2016 (IBC), to initiate Corporate Insolvency Resolution Process (CIRP) against M/s Brajkon Organics Pvt. Ltd., the Corporate Debtor (CD). The OC provided transportation services to the CD, for which invoices were raised. The CD allegedly defaulted on payments, leading to the application for CIRP.

## Facts

M/s OM Logistics Ltd. (Operational Creditor) provided transportation services to M/s Brajkon Organics Pvt. Ltd. (Corporate Debtor). Invoices were raised for these services. The Corporate Debtor failed to make payments against these invoices. The outstanding principal amount was Rs. 10,84,357/-. Including interest at 24%, the total outstanding was Rs. 14,13,051/-. The Operational Creditor sent a demand notice on 2019-05-27 for Rs. 10,84,357/-, which the Corporate Debtor received but did not respond to or pay. The Operational Creditor then filed a petition under Section 9 of the Insolvency & Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP). The Corporate Debtor remained ex parte despite receiving notice of the application.

## Issues and analysis

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

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

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**Reasoning:** The court reasoned that the Corporate Debtor remained ex parte despite receiving notice

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**Interpretation:** Section 9 provides a mechanism for operational creditors to recover their dues

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**Application:** The court applied Section 9 to the facts, noting the unchallenged claim and the

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## Parties

- **Judges:** Hari Venkata…
- **Appellants:** M/s. Om Logistics…
- **Respondents:** M/s Brajkon…

## Timeline

- **2019-05-27 — Demand Notice…**: The Operational Creditor sent a demand notice to the Corporate Debtor for the outstanding…
- **2020-01-30 — Order Da…**: The NCLT Guwahati Bench passed an order admitting the application for CIRP against the…

## 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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