# In the matter of East Mond Infra and Trade Pvt. Ltd. CP (IB) No. 112-BB-2021

> NCLT judgment dated 2022-01-05. Citation: TCN-2022-NCLT-04541. The operational creditor filed a petition under Section 9 of the IBC, 2016, seeking to initiate…

- **Court:** NCLT
- **Order date:** 5 Jan 2022
- **Citation:** TCN-2022-NCLT-04541
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/east-mond-infra-and-trade-pvt-ltd-cp-ib-no-112-bb-2021-63629c86

## Summary

### Background

The operational creditor filed a petition under Section 9 of the IBC, 2016, seeking to initiate the Corporate Insolvency Resolution Process against the corporate debtor due to an alleged default in payment of operational debt.

## Facts

M/s. NHDPL South Private Limited, the operational creditor, filed a petition under section 9 of the Insolvency and Bankruptcy Code, 2016, read with Rule 6 of the I&B (Application to Adjudicating Authority) Rules 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s. East Mond Infra And Trade Pvt.Ltd, the corporate debtor. The petition was supported by an affidavit from Mr. Swamy K B, Special Officer of the operational creditor, and a Board Resolution dated June 29, 2021, authorizing him to represent the company. The corporate debtor, initially named Somerest Infra Projects Pvt.Ltd, underwent two name changes, first to East Mond Agri and Infra Pvt.Ltd on July 28, 2020, and then to East Mond Infra and Trade Pvt.Ltd on December 29, 2020.

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## Issues and analysis

### Issue 1: Whether the demand notice in Form 3 dated October 15, 2021, was properly served on the corporate …

**Ratio:** The demand notice was

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**Reasoning:** The Tribunal observed that the demand notice was given in hand on October 15, 2021, and

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**Interpretation:** The court interpreted the physical delivery

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**Application:** The hand delivery and acknowledgment of the demand notice on October 15, 2021,

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## Parties

- **Judges:** Ajay Kumar…; Manoj Kumar…
- **Appellants:** M/s. NHDPL South…
- **Respondents:** M/s. East Mond…; M/s. East Mond…; +1 more
- **Advocates:** Uday Sh…; K. Dushyantha…

## Timeline

- **December 12, 2007 — Incorporation of…**: M/s. East Mond Infra And Trade Pvt.Ltd (then Somerest Infra Projects Pvt.Ltd) was…
- **March 28, 2014 — Memorandum of…**: The corporate debtor and the operational creditor entered into an MOU for the provision…

## 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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