# In the matter of D N Sircar Das Pvt. Ltd. CP(IB)No.510-KB-2018

> NCLT judgment dated 2018-11-02. Citation: TCN-2018-NCLT-00378. The case involves an application filed by Kanodia Metals Private Limited, the Operational…

- **Court:** NCLT
- **Order date:** 2 Nov 2018
- **Citation:** TCN-2018-NCLT-00378
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/d-n-sircar-das-pvt-ltd-cpibno510-kb-2018-74bc1c6f

## Summary

### Background

The case involves an application filed by Kanodia Metals Private Limited, the Operational Creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, against D N Sircar Das Pvt. Ltd., the Corporate Debtor, for non-payment of dues amounting to Rs. 41,16,502/-. The Operational Creditor claimed to have supplied goods to the Corporate Debtor between June 2014 and January 2015, but the Corporate Debtor failed to pay despite repeated demands. The Corporate Debtor did not appear despite service of notice through publication.

## Facts

Kanodia Metals Private Limited (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 against D N Sircar Das Pvt. Ltd. (Corporate Debtor) due to unpaid dues of Rs. 41,16,502. The Operational Creditor supplied goods to the Corporate Debtor between June 27, 2014, and January 15, 2015, as evidenced by invoices. Despite repeated demands, the Corporate Debtor failed to pay. The Corporate Debtor was served a notice of the application through publication in 'Times of India' and 'A Samay' on April 9, 2018, but did not appear in the matter. The Corporate Debtor had previously acknowledged the debt in letters dated 2014 and 2016. The Operational Creditor produced bank statements showing that the claimed amount was not received.

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the Insolvency and Bankruptcy Code, 2016, filed by the …

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

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**Reasoning:** The court noted that the Operational Creditor had filed the application under Section 9,

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

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**Application:** The Operational Creditor met the requirements of Section 9 by providing

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## Parties

- **Judges:** Madan B.…
- **Appellants:** Kanodia Metals…
- **Respondents:** D N SIRCAR DAS…

## Timeline

- **2014-06-27 — Invoice Perio…**: Start of the period during which the Operational Creditor supplied goods to the Corporate…
- **2015-01-15 — Invoice Per…**: End of the period during which the Operational Creditor supplied goods to the Corporate…

## 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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