# In the matter of Dooteriah & Kalej Valley Tea Estate Pvt. Ltd. CP (IB) No. 557-KB-2017

> NCLT judgment dated 2017-12-12. Citation: TCN-2017-NCLT-00063. The case pertains to a petition filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 12 Dec 2017
- **Citation:** TCN-2017-NCLT-00063
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/dooteriah-kalej-valley-tea-estate-pvt-ltd-cp-ib-no-557-kb-2017-5f9af08d

## Summary

### Background

The case pertains to a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Goutam Kumar Roy, an Operational Creditor/Applicant, against Dooteriah & Kalej Valley Tea Estate Pvt. Ltd., the Respondent/Corporate Debtor. The petitioner claims that the corporate debtor owes Rs. 36,50,847.00 as outstanding dues for the supply of coal and transportation services. The petitioner issued a demand notice, but the respondent failed to clear the debt or respond. The petitioner then filed an application for the initiation of the corporate insolvency resolution process.

## Facts

Goutam Kumar Roy, the petitioner, is the sole proprietor of 'Fuel Links' and 'Goutam Kumar Roy'. Fuel Links deals with the sale of coal, and Goutam Kumar Roy deals with transporting goods. Dooteriah & Kalej Valley Tea Estate Pvt. Ltd., the corporate debtor, allegedly owes Rs. 36,50,847.00 to the petitioner for the supply and transportation of coal. The date of default is stated as 12.11.2016. The petitioner claims that the corporate debtor accepted and admitted its liability to make the payment but remained unpaid. Letters of confirmation were issued by the corporate debtor, and communications took place between the parties to negotiate a settlement. Three cheques issued by the corporate debtor were bounced. A demand notice was issued on 06.07.2017, but the

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## Issues and analysis

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

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, outlines the requirements for an

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**Reasoning:** The court scrutinized the petition and found it to be complete, satisfying the

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**Interpretation:** Section 9 of the IBC is interpreted to mean that if the operational creditor

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**Application:** In this case, the petitioner, Goutam Kumar Roy, provided sufficient evidence to

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## Parties

- **Judges:** V. P. S…; Jinan…
- **Appellants:** Goutam Kum…
- **Respondents:** Dooteriah & Kalej…

## Timeline

- **2016-11-12 — Date of D…**: The occurrence of the date of…
- **2017-07-06 — Demand Notice…**: Petitioner issued demand notice in Form 3 (Annexure-I dated 06.07.2017) demanding payment…

## 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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