# In the matter of Genius Exports Private Limited Company Petition No. (IB)-176(ND)-2020

> NCLT judgment dated 2021-07-01. Citation: TCN-2021-NCLT-01885. The case involves an application filed by Arun Kumar Singh, the operational creditor, against…

- **Court:** NCLT
- **Order date:** 1 Jul 2021
- **Citation:** TCN-2021-NCLT-01885
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/genius-exports-private-limited-company-petition-no-ib-176nd-2020-9bb5d0d9

## Summary

### Background

The case involves an application filed by Arun Kumar Singh, the operational creditor, against Genius Exports Private Limited, the corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The operational creditor claimed that he was appointed as a statutory auditor of the corporate debtor in 2014 and raised bills for his services from 30.08.2014 to 26.03.2019, totaling Rs. 5,59,250, payable from 01.03.2018. The operational creditor stated that Rs. 8,93,530, inclusive of interest, is due and payable by the corporate debtor. The operational creditor sent a demand notice on 27.07.2019 to the corporate debtor to pay the outstanding debt, which the corporate debtor replied to and objected to the claim. The corporate debtor contended that the claim did

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## Facts

Arun Kumar Singh, the sole proprietor of A.K. Singh & Co., filed an application as an operational creditor against Genius Exports Private Limited, the corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. Arun Kumar Singh was appointed as a statutory auditor of Genius Exports Private Limited in 2014. He raised bills for his services from 30.08.2014 to 26.03.2019, totaling Rs. 5,59,250, payable from 01.03.2018. A sum of Rs. 8,93,530, inclusive of interest, was claimed as due and payable by Genius Exports Private Limited. A demand notice was sent by Arun Kumar Singh on 27.07.2019 to Genius Exports Private Limited for the outstanding debt. Genius Exports Private Limited replied to the demand notice and objected to the claim, contending that

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## Issues and analysis

### Issue 1: Whether the application filed by the operational creditor under Section 9 of the Insolvency and …

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

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**Reasoning:** The court found that the application preferred by the operational creditor was complete

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**Interpretation:** Section 9 mandates that the adjudicating authority must be satisfied that a

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**Application:** In this case, the court determined that the operational creditor had provided

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## Parties

- **Judges:** P.S.N. P…; Narender Kumar…
- **Appellants:** Arun Kumar…
- **Respondents:** Genius Exports…
- **Advocates:** Ashish Ma…; Gitesh…; +1 more

## Timeline

- **2014-01-01 — Appointment as…**: Arun Kumar Singh was appointed as a statutory…
- **2014-08-30 — Service P…**: Arun Kumar Singh performed his duties and…

## 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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