# In the matter of Bunt Solar India Private Ltd. C.P. (IB) No. 72-BB-2019

> NCLT judgment dated 2019-06-14. Citation: TCN-2019-NCLT-02915. M/s. Rashmika Info Technologies Private Limited, the operational creditor, filed a petition…

- **Court:** NCLT
- **Order date:** 14 Jun 2019
- **Citation:** TCN-2019-NCLT-02915
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/bunt-solar-india-private-ltd-cp-ib-no-72-bb-2019-a7d708e3

## Summary

### Background

M/s. Rashmika Info Technologies Private Limited, the operational creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s. Bunt Solar India Private Ltd., the corporate debtor. The operational creditor claimed that the corporate debtor defaulted on a total outstanding amount of Rs. 13,57,260 as of 30.09.2018. The corporate debtor had approached the operational creditor to develop and supply various websites/softwares for its business, and the operational creditor had developed the websites/softwares as per the requirements. After developing the websites/softwares and providing services amounting to Rs. 19,76,906/-, the operational creditor received Rs. 6,19,646/-,

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## Facts

M/s. Rashmika Info Technologies Private Limited (Operational Creditor) filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against M/s. Bunt Solar India Private Ltd. (Corporate Debtor). The Operational Creditor claimed a default of Rs. 13,57,260 as of 30.09.2018. The Corporate Debtor engaged the Operational Creditor to develop websites/software. The Operational Creditor developed the websites/software and provided services worth Rs. 19,76,906/-, but only received Rs. 6,19,646/-. The Corporate Debtor failed to repay the remaining amount. The Operational Creditor issued demand notices, but the Corporate Debtor did not respond or regularize the outstanding balances. The Corporate Debtor

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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 of the Insolvency and Bankruptcy Code, 2016, allows an operational creditor to

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**Reasoning:** The court observed that the application was filed in accordance with the law and that the

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

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**Application:** The court found that the application met the requirements of Section 9, as the

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## Parties

- **Judges:** Rajeswara Rao…; Ashok Kumar…
- **Appellants:** M/s. Rashmika…
- **Respondents:** M/s. Bunt Solar…

## Timeline

- **2010-08-20 — Incorporation of…**: M/s. Rashmika Info Technologies…
- **2013-06-12 — Incorporation of…**: M/s. Bunt Solar India Private…

## 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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