# In the matter of Diamond Infraland Developers India Ltd. Company Petition (IB)No. 450-ALD-2019

> NCLT judgment dated 2019-12-16. Citation: TCN-2019-NCLT-00168. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 16 Dec 2019
- **Citation:** TCN-2019-NCLT-00168
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/diamond-infraland-developers-india-ltd-company-petition-ibno-450-ald-2019-1b484cd3

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by an operational creditor, Anil Patel, against Diamond Infraland Developers India Ltd., the corporate debtor, for initiation of the Corporate Insolvency Resolution Process (CIRP). The operational creditor claimed non-payment of dues amounting to Rs. 2,50,000 for services rendered as an employee of the corporate debtor from October 1, 2019, to August 31, 2019, at a monthly remuneration of Rs. 25,000. The corporate debtor allegedly failed to make any payments despite multiple notices and a demand notice issued under Section 8 of the IBC, 2016.

## Facts

Anil Patel, an operational creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Diamond Infraland Developers India Ltd., the corporate debtor. Anil Patel claimed that he was an employee of the company and worked from October 1, 2019, to August 31, 2019, at a monthly remuneration of Rs. 25,000. He alleged that he did not receive any payment from the corporate debtor during his employment. He issued multiple notices and a demand notice under Section 8 of the IBC, 2016, demanding Rs. 2,50,000, which was duly received by the respondent. The corporate debtor did not reply to the demand notice or make any payment. The corporate debtor admitted to the default in its reply to the notice under Section 8 of the IBC, citing financial

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## Issues and analysis

### Issue 1: Whether the operational creditor has provided sufficient evidence to prove the debt and default by …

**Ratio:** The operational creditor must provide necessary documents to prove the existence of debt

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**Reasoning:** The Adjudicating Authority observed that the operational creditor provided the necessary

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**Interpretation:** The legal principle requires the operational creditor to demonstrate a valid

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**Application:** In this case, the operational creditor provided sufficient documents to prove

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## Parties

- **Judges:** Rajesh Daya…
- **Appellants:** Anil P…
- **Respondents:** Diamond Infraland…

## Timeline

- **2019-10-01 — Employment Per…**: Operational creditor started…
- **2019-08-31 — Employment Pe…**: Operational creditor's employment…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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