# In the matter of Enviros India Private Limited CP-967-IB-2018

> NCLT judgment dated 2018-12-19. Citation: TCN-2018-NCLT-00043. The case involves an application filed by M/s. T.M Naidu & Co., an operational creditor,…

- **Court:** NCLT
- **Order date:** 19 Dec 2018
- **Citation:** TCN-2018-NCLT-00043
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/enviros-india-private-limited-cp-967-ib-2018-09e4c12a

## Summary

### Background

The case involves an application filed by M/s. T.M Naidu & Co., an operational creditor, against M/s. Enviros India Private Limited, the corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The operational creditor claimed that the corporate debtor defaulted in paying ₹6,37,000 for services rendered based on invoices dated 10.08.2016 and 01.09.2017. The creditor alleged that the amount was due and payable for legal services provided to the debtor.

## Facts

M/s. T.M Naidu & Co. (Operational Creditor) filed a petition against M/s. Enviros India Private Limited (Corporate Debtor) under Section 9 of the IBC, claiming a default of ₹6,37,000 based on invoices dated 10.08.2016 and 01.09.2017. The invoices allegedly related to legal services provided to the Debtor. The Creditor issued a Form-3 Notice u/s.8 of the Code on 04.04.2018. The Debtor's counsel argued that the Creditor never provided any legal services to the Debtor. The Creditor submitted copies of papers reflecting RCOP 469/2016 pending between Sabitha v. T. Sridhar and WhatsApp messages as evidence. The court found no material disclosing that the Creditor rendered legal services to the Debtor. The invoices appeared to be raised for services provided in a Rent

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## Issues and analysis

### Issue 1: Whether the operational creditor, M/s. T.M Naidu & Co., provided sufficient evidence to …

**Ratio:** The operational creditor must provide sufficient evidence to establish that a debt is due

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**Reasoning:** The court found that the operational creditor failed to provide sufficient evidence to

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**Interpretation:** The interpretation of Section 9 of the IBC requires the operational creditor to

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**Application:** In this case, the operational creditor failed to meet the burden of proof. The

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## Parties

- **Judges:** B.S.V. Prakash…; S. VIJAYARA…
- **Appellants:** M/s. T.M NAIDU &…
- **Respondents:** M/s. ENVIROS…

## Timeline

- **2016-08-10 — Invoice…**: One of the invoices…
- **2017-09-01 — Invoice…**: Another invoice raised…

## 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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