# In the matter of Denovo Enterprises Private Limited C.P. No.3911-I&BP-2018

> NCLT judgment dated 2019-01-23. Citation: TCN-2019-NCLT-05189. The case involves a petition filed by Mr. Gopal Das Mittal (the Petitioner) against Denovo…

- **Court:** NCLT
- **Order date:** 23 Jan 2019
- **Citation:** TCN-2019-NCLT-05189
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/denovo-enterprises-private-limited-cp-no3911-ibp-2018-6d6d4dee

## Summary

### Background

The case involves a petition filed by Mr. Gopal Das Mittal (the Petitioner) against Denovo Enterprises Private Limited (the Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016. The Petitioner seeks to initiate the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor, alleging default in lease rental payments. The Corporate Debtor had leased property from the Petitioner under a lease deed dated 25.03.2014 and agreed to pay monthly lease rent. The Corporate Debtor allegedly defaulted on payments due from 01.03.2018.

## Facts

Mr. Gopal Das Mittal (Petitioner) filed a petition against Denovo Enterprises Private Limited (Corporate Debtor) under Section 9 of the IBC, 2016, seeking to initiate CIRP. The Corporate Debtor leased property from the Petitioner via a lease deed dated 25.03.2014, agreeing to pay monthly lease rent. The lease agreement specified increasing monthly lease rents from December 2013 to November 2018, ranging from Rs. 2,30,000/- to Rs. 2,79,566/-. The Corporate Debtor allegedly defaulted on payments from 01.03.2018, with outstanding dues of Rs. 22,16,984/-. A demand notice was issued on 29.08.2018 for Rs. 21,83,122/-. The Corporate Debtor did not respond to the notice or appear in court. The Petitioner submitted a ledger account and an affidavit under Section 9(3)(b) of the

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor committed a default in …

**Ratio:** Section 9 of the IBC allows an operational creditor to initiate CIRP against a corporate

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**Reasoning:** The court considered the ledger account, demand notice, and affidavit submitted by the

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**Interpretation:** The court interpreted the evidence presented as sufficient proof of default in

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**Application:** The ratio and reasoning were applied to the facts, establishing that the

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## Parties

- **Judges:** Bhaskara Pantula…; V. Nallasen…
- **Appellants:** Gopal Das…
- **Respondents:** Denovo Enterprises…

## Timeline

- **2014-03-25 — Lease Deed Ex…**: Lease deed executed between the…
- **2017-12-07 — Email Reply from…**: Corporate Debtor provided a schedule of payment in an email, promising to pay Rs. 18 lacs…

## 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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