# 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-02514. The application was filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, read…

- **Court:** NCLT
- **Order date:** 16 Jul 2019
- **Citation:** TCN-2019-NCLT-02514
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/deviram-restaurants-private-limited-company-petiiton-no-ib-987-nd-2018-ea095648

## Summary

### Background

The application was filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, by Mr. Anil Mangla, proprietor of M/s Anil Traders, seeking to initiate the Corporate Insolvency process against M/s Deviram Restaurants Private Limited. The applicant, an operational creditor, claimed that the respondent, the corporate debtor, defaulted on payments for goods and raw materials supplied. The applicant sent a demand notice under Section 8 of the Code, but the respondent failed to pay or raise any dispute.

## Facts

Mr. Anil Mangla, proprietor of M/s Anil Traders, filed an application against M/s Deviram Restaurants Private Limited under Section 9 of the Insolvency and Bankruptcy Code, 2016. The applicant claimed that the respondent approached them for the purchase of various goods and raw materials, including fortune soya oil, permal rice, and parman ghee. It was agreed that upon receiving the goods and raising invoices, the respondent would make timely payments. The respondent placed purchase orders between 02.01.2018 and 08.03.2018, and the applicant supplied the goods and raised invoices. The tax invoices were acknowledged by the respondent, and part payments were made. The first due date was 02.02.2018. Despite requests and reminders, the respondent failed to reply or pay the

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## Issues and analysis

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

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

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**Reasoning:** The Tribunal was satisfied that the present application was complete and the Operational

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**Interpretation:** Section 9 provides the framework for operational creditors to initiate CIRP,

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**Application:** The applicant, being an operational creditor, demonstrated that the respondent

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## Parties

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

## Timeline

- **2018-01-02 — Purchase Order…**: Respondent placed various purchase…
- **2018-01-24 — Purchase Order…**: Respondent placed various purchase…

## 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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