# In the matter of Dal Marketing Solutions Limited CP-662-(IB)-CB-2017

> NCLT judgment dated 2017-12-29. Citation: TCN-2017-NCLT-00001. The case involves a company petition filed by M/s. Handiman Services Limited (Operational…

- **Court:** NCLT
- **Order date:** 29 Dec 2017
- **Citation:** TCN-2017-NCLT-00001
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/dal-marketing-solutions-limited-cp-662-ib-cb-2017-ad531d55

## Summary

### Background

The case involves a company petition filed by M/s. Handiman Services Limited (Operational Creditor) against M/s. Dal Marketing Solutions Limited (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Operational Creditor provided security services to the Corporate Debtor as per an agreement dated 01.09.2016. The Corporate Debtor failed to make payments for the services rendered, leading to the filing of the petition.

## Facts

M/s. Handiman Services Limited (Operational Creditor) filed a company petition against M/s. Dal Marketing Solutions Limited (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Operational Creditor provided security services to the Corporate Debtor based on an agreement dated 01.09.2016. The Corporate Debtor failed to make payments for invoices dating from 30.11.2016 to 31.10.2016, despite reminders from the Operational Creditor. The Operational Creditor issued a demand notice on 01.07.2017, seeking payment of Rs. 33,38,699/- inclusive of interest at 24% p.a. The Corporate Debtor did not respond to the demand notice or appear before the Adjudicating Authority, leading to an ex-parte order on 13.12.2017. The Operational Creditor presented

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## Issues and analysis

### Issue 1: Whether the petition filed by the Operational Creditor is maintainable under Section 9 of the …

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

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**Reasoning:** The Adjudicating Authority considered the submissions of the counsel for the petitioner

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

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**Application:** The Adjudicating Authority found that the Operational Creditor had presented

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## Parties

- **Judges:** K. Anantha…; S. VIJAYARA…
- **Appellants:** M/s. Handiman…
- **Respondents:** M/s. Dal Marketing…

## Timeline

- **2016-09-01 — Agreement…**: Date of the agreement between Handiman Services Limited and Dal Marketing Solutions…
- **2016-11-30 — Invoice…**: Invoices dating from 30.11.2016 to…

## 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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