# In the matter of C. Doctor and Company Pvt. Ltd. C.P. (I.B) No.92-9-NCLT-AHM-2018

> NCLT judgment dated 2020-02-17. Citation: TCN-2020-NCLT-01925. The Operational Creditor, M/s. ATO (India) Limited, filed a petition under Section 9 of the…

- **Court:** NCLT
- **Order date:** 17 Feb 2020
- **Citation:** TCN-2020-NCLT-01925
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/c-doctor-and-company-pvt-ltd-cp-ib-no92-9-nclt-ahm-2018-a8b7fab2

## Summary

### Background

The Operational Creditor, M/s. ATO (India) Limited, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor, M/s. C. Doctor & Co. Private Limited, due to an outstanding debt of INR 23,86,700.00 along with interest at 16% per annum. The Operational Creditor claimed that the Corporate Debtor had approached them for transportation of materials to various sites, and invoices were raised accordingly. The Corporate Debtor made a partial payment of INR 3,00,000.00 on 22.11.2015, but the remaining amount remained unpaid. The Operational Creditor also filed a complaint with the Police Station, Kolkata, which was later withdrawn, and a case was filed before

…

## Facts

M/s. ATO (India) Limited, the Operational Creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against M/s. C. Doctor & Co. Private Limited, the Corporate Debtor, seeking initiation of CIRP due to an outstanding debt of INR 23,86,700.00 plus 16% interest per annum. The Operational Creditor is a public limited company engaged in the business of transportation. The Corporate Debtor approached the Operational Creditor for transporting materials from various locations, including the Rourkela Steel Plant site in Odisha. The Operational Creditor raised invoices for the transportation services, which were duly accepted by the Corporate Debtor. However, the Corporate Debtor failed to pay the outstanding amount. The date of first default

…

## Issues and analysis

### Issue 1: Whether the petition 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

…

**Reasoning:** The Adjudicating Authority considered the submissions made by both parties and the

…

**Interpretation:** Section 9 provides the framework for operational creditors to initiate CIRP,

…

**Application:** The Adjudicating Authority found that the petition was filed in compliance with

…

## Parties

- **Judges:** Harihar Prakash…; Prasanta Kumar…
- **Appellants:** ATO (I)…
- **Respondents:** C. Doctor & Co.…

## Timeline

- **1944-02-09 — Incorporation of…**: C.Doctor & Co. Private…
- **2014-11-26 — Agreement for…**: Agreement between Operational Creditor and…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/c-doctor-and-company-pvt-ltd-cp-ib-no92-9-nclt-ahm-2018-a8b7fab2