# In the matter of Deviram Restaurants Private Limited Company Petiiton No. IB-987-ND-2018

> NCLT judgment dated 2019-07-16. Citation: TCN-2019-NCLT-02503. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 16 Jul 2019
- **Citation:** TCN-2019-NCLT-02503
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/deviram-restaurants-private-limited-company-petiiton-no-ib-987-nd-2018-1177620f

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Mr. Anil Mangla, proprietor of M/s Anil Traders, against M/s Deviram Restaurants Private Limited, seeking to initiate the Corporate Insolvency Resolution Process (CIRP) due to unpaid operational debt. The applicant claimed that the respondent had approached them for the supply of various goods and raw materials, with an agreement for timely payment upon receiving the goods and raising invoices. The respondent failed to make the payments despite receiving the goods and invoices.

## Facts

Mr. Anil Mangla, proprietor of M/s Anil Traders, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against M/s Deviram Restaurants Private Limited, seeking to initiate CIRP. The applicant claimed that the respondent approached them for the supply of goods and raw materials, agreeing to make timely payments upon receiving the goods and invoices. The respondent placed purchase orders between 02.01.2018 and 08.03.2018. The applicant supplied the goods and raised invoices. The respondent acknowledged the invoices and made partial payments, but a significant amount remained outstanding. The first due date was 02.02.2018. Despite reminders, the respondent failed to pay the outstanding dues. The applicant sent a demand notice dated 29.06.2018

…

## Issues and analysis

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

**Ratio:** The legal principle is that if the application is complete and the operational creditor

…

**Reasoning:** The court reasoned that the applicant had placed on record all the tax invoices, which

…

**Interpretation:** Section 9 of the IBC allows an operational creditor to initiate CIRP if a debt

…

**Application:** The court applied the principle to the facts, noting that the applicant had

…

## Parties

- **Judges:** DEEPTI M…; SH. PRADEEP R.…
- **Appellants:** ANIL MA…
- **Respondents:** M/s DEVIRAM…

## Timeline

- **2018-01-02 — Purchase…**: Respondent placed a…
- **2018-01-24 — Purchase…**: Respondent placed a…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/deviram-restaurants-private-limited-company-petiiton-no-ib-987-nd-2018-1177620f