# In the matter of Drupa Suppliers Private Limited C.P. No. (IB) 730-9-NCLT-AHM-2019

> NCLT judgment dated 2020-10-08. Citation: TCN-2020-NCLT-00425. The case involves an application filed by Mr. Shashikant Thakar, an operational creditor, under…

- **Court:** NCLT
- **Order date:** 8 Oct 2020
- **Citation:** TCN-2020-NCLT-00425
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/drupa-suppliers-private-limited-cp-no-ib-730-9-nclt-ahm-2019-1551becc

## Summary

### Background

The case involves an application filed by Mr. Shashikant Thakar, an operational creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Drupa Suppliers Private Limited, the corporate debtor, for non-payment of an operational debt. The operational creditor provided consultancy services to the corporate debtor, raised a bill for Rs. 1,25,000/-, which remained unpaid despite follow-up. The corporate debtor did not appear or file any representation despite multiple notices served.

## Facts

Mr. Shashikant Thakar, an operational creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Drupa Suppliers Private Limited, a private limited company registered on May 18, 1987. The operational creditor provided consultancy services, including GST consultancy and statutory audit assistance, to the corporate debtor for the accounting year 2018-19. A bill No. SNT/19-20/01 dated 01.01.2019 for Rs. 1,25,000/- was raised, which fell due on 01.02.2019. Despite follow-up, the corporate debtor failed to pay the operational debt. The applicant furnished documents like an affidavit, passbook entries, the invoice, and a demand notice. The petition was filed on 1st October 2019. Notices were issued to the corporate debtor, but they did

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## Issues and analysis

### Issue 1: Whether there is an 'operational debt' as defined …

**Ratio:** Section 4 of the Insolvency and Bankruptcy Code, 2016 defines operational debt and

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**Reasoning:** The court examined the invoice and related documents to determine if the debt met the

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**Interpretation:** The term 'operational debt' is interpreted to include a claim in respect of the

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**Application:** The court found that the consultancy services provided by the applicant to the

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## Parties

- **Judges:** Manorama…; Chockalingam…
- **Appellants:** Shashikant…
- **Respondents:** Drupa Suppliers…
- **Advocates:** Kiran…

## Timeline

- **1987-05-18 — Company Regis…**: Drupa Suppliers Private Limited…
- **2019-01-01 — Invoice…**: Bill No. SNT/19-20/01 for Rs. 1,25,000/-…

## 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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