# In the matter of Cema Electric Lighting Pro Pvt. Ltd. IBA-949-2019

> NCLT judgment dated 2019-09-18. Citation: TCN-2019-NCLT-01390. The document is an attendance cum order sheet from the National Company Law Tribunal (NCLT),…

- **Court:** NCLT
- **Order date:** 18 Sept 2019
- **Citation:** TCN-2019-NCLT-01390
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/cema-electric-lighting-pro-pvt-ltd-iba-949-2019-859ca3ad

## Summary

### Background

The document is an attendance cum order sheet from the National Company Law Tribunal (NCLT), Chennai, Division Bench - II. It pertains to a hearing held on September 18, 2019, at 10:30 AM. The case involves Inox Air Products Pvt Ltd as the petitioner and CEMA Electric Lighting Pro Pvt Ltd as the respondent. The application is under Section 9 Rule 6 of the IBC. The corporate debtor's side is not represented, while the operational creditor's counsel is present.

## Facts

The National Company Law Tribunal (NCLT), Chennai, Division Bench - II, held a hearing on September 18, 2019, at 10:30 AM. The petition number is IBA/949/2019. Inox Air Products Pvt Ltd is the petitioner (Operational Creditor), and CEMA Electric Lighting Pro Pvt Ltd is the respondent (Corporate Debtor). The application is filed under Section 9 Rule 6 of the Insolvency and Bankruptcy Code (IBC). The Corporate Debtor was not represented at the hearing, while the Operational Creditor's counsel was present. The NCLT directed the Operational Creditor to file proof of service affidavit and to undertake to pay the remuneration and costs of the Interim Resolution Professional (IRP) until the constitution of the Committee of Creditors (CoC). The matter was listed for further

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## Issues and analysis

### Issue 1: Whether the Operational Creditor should be …

**Ratio:** The requirement to file proof of service ensures that all parties involved in the

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**Reasoning:** The court directed the Operational Creditor to file proof of service to ensure that the

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**Interpretation:** The direction to file proof of service is interpreted as a mandatory step to

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**Application:** In this case, the Operational Creditor is required to provide evidence that the

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## Parties

- **Judges:** B.S.V. Prakash…; SHRI.S.VIJAYARAGHA…
- **Appellants:** INOX AIR PRODUCTS…
- **Respondents:** CEMA ELECTRIC…

## Timeline

- **2019-09-18 — Hearing…**: Hearing held at 10:30…
- **2019-09-25 — Next Hearin…**: Matter listed for…

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