# In the matter of C.Doctor & Co. Pvt. Ltd. C.P. (IB) No. 92-9-NCLT-AHM-2018

> NCLT judgment dated 2019-05-17. Citation: TCN-2019-NCLT-03264. The case pertains to an I.B. Petition filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 17 May 2019
- **Citation:** TCN-2019-NCLT-03264
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/cdoctor-co-pvt-ltd-cp-ib-no-92-9-nclt-ahm-2018-bf86019f

## Summary

### Background

The case pertains to an I.B. Petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The petitioner, an operational creditor, claimed that the corporate debtor defaulted on payments for goods purchased and consumed between 31.04.2015 and 31.12.2017. The adjudicating authority observed deficiencies in the petition, including the absence of mandatory documents and discrepancies in the stated date of default. A pre-existing dispute between the parties was also noted, along with a prior attempt at settlement involving police intervention.

## Facts

ATO (I) Ltd., the operational creditor, filed an I.B. Petition against C. Doctor & Co. Pvt. Ltd., the corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The petition claimed a default in payment for goods purchased and consumed between 31.04.2015 and 31.12.2017. The date of default was mentioned as 30.04.2015. The petition lacked mandatory documents, including a copy of the demand notice with supporting bills. A demand notice was issued on 01.11.2017 and returned undelivered. The corporate debtor disputed the claim before the facilitation council of WBSMSC, Kolkata. A prior attempt at settlement involving police intervention had occurred. The I.B. Petition was presented before the registry on 23.01.2018.

## Issues and analysis

### Issue 1: Whether the I.B. Petition filed by the operational creditor is complete and admissible under …

**Ratio:** An I.B. Petition under Section 9 must be complete in all respects, including the

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**Reasoning:** The adjudicating authority found the petition incomplete due to the absence of mandatory

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**Interpretation:** Section 9 of the IBC requires strict adherence to procedural requirements to

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**Application:** In this case, the petition was deemed incomplete due to the missing documents

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## Parties

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

## Timeline

- **2015-04-30 — Date of Default…**: The petitioner claimed the…
- **2015-04-31 — Period of D…**: The petitioner alleged that the Corporate Debtor did not make payment towards goods…

## 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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