# In the matter of Easytech Global Private Limited Company Petition No. IB-794 (ND)-2018

> NCLT judgment dated 2018-10-04. Citation: TCN-2018-NCLT-00667. The case originates from an application filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 4 Oct 2018
- **Citation:** TCN-2018-NCLT-00667
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/easytech-global-private-limited-company-petition-no-ib-794-nd-2018-49d32b55

## Summary

### Background

The case originates from an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Insynergy Supply Chain Solutions Private Limited (the operational creditor) against Easytech Global Private Limited (the corporate debtor). The operational creditor claimed that the corporate debtor had defaulted on payments for services rendered, specifically for clearing shipments for customs. The corporate debtor acknowledged availing the services but cited a lack of funds as the reason for non-payment. The operational creditor argued that the corporate debtor owed Rs. 8,08,635, including principal and interest.

## Facts

Insynergy Supply Chain Solutions Private Limited (operational creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Easytech Global Private Limited (corporate debtor) for unpaid dues. The operational creditor provided services to the corporate debtor for clearing shipments for customs. Invoices were raised for transportation, freight, agency, and commission charges. For the financial year 2016-2017, the operational creditor claimed an outstanding amount of Rs. 8,86,643. The corporate debtor made a part payment of Rs. 2,50,000 on 23.06.2017. The operational creditor claimed interest at 18% per annum on the outstanding amount. The corporate debtor admitted to availing the services but cited a lack of funds as the reason for

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor is maintainable under Section 9 of the …

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

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**Reasoning:** The court reasoned that the operational creditor had provided services to the corporate

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**Interpretation:** The court interpreted Section 9 of the IBC to mean that an operational creditor

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**Application:** The court applied this interpretation to the facts of the case, noting that the

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## Parties

- **Judges:** Ina Mal…; DeepaKr…
- **Appellants:** Insynergy Supply…
- **Respondents:** Easytech Global…

## Timeline

- **2016-04-01 — Financial Yea…**: Start of the financial year during which the operational creditor supplied services to…
- **2017-03-31 — Financial Y…**: End of the financial year during which the operational creditor supplied services to the…

## 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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