# In the matter fo C View Innovations Pvt. Ltd. IB-879-ND-2019

> NCLT judgment dated 2019-06-14. Citation: TCN-2019-NCLT-02904. An application was filed by Anjushree Enterprises, the Applicant, under Section 9 of the…

- **Court:** NCLT
- **Order date:** 14 Jun 2019
- **Citation:** TCN-2019-NCLT-02904
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/in-the-matter-fo-c-view-innovations-pvt-ltd-ib-879-nd-2019-69e4073f

## Summary

### Background

An application was filed by Anjushree Enterprises, the Applicant, under Section 9 of the Insolvency and Bankruptcy Code, 2016, against C View Innovations Pvt. Ltd., the Respondent, to initiate the Corporate Insolvency Resolution Process (CIRP). The claim was for Rs. 12,62,045, including interest. The Applicant is a supplier of electrical appliances, including electric geysers and ceiling fans, and had supplied various batches of electric geysers to the Respondent, raising invoices for the same. The first supply was made on 20.11.2017, with invoice number GST-17N for Rs. 6,50,240. The second supply was made on 29.11.2017, with invoice number GST-26 for Rs. 5,37,600. The third supply was made on 12.12.2017, with invoice number GST-35 for Rs. 7,63,136. The total amount

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## Facts

Anjushree Enterprises, the Applicant, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against C View Innovations Pvt. Ltd., the Respondent, seeking to initiate the Corporate Insolvency Resolution Process (CIRP). The Applicant claimed Rs. 12,62,045, including interest. Anjushree Enterprises supplied electrical appliances, specifically electric geysers, to C View Innovations Pvt. Ltd. Three supplies were made: on 20.11.2017 (Rs. 6,50,240), on 29.11.2017 (Rs. 5,37,600), and on 12.12.2017 (Rs. 7,63,136). The total amount due was Rs. 19,50,976, but only Rs. 8,00,000 was received by 04.12.2018, leaving Rs. 11,50,976 outstanding. A demand notice under Section 8 was served on 04.12.2018 and delivered on 08.12.2018, but no response or payment

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## Issues and analysis

### Issue 1: Whether the Applicant, Anjushree Enterprises, has established a valid claim against the Respondent, …

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

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**Reasoning:** The Applicant provided invoices and records of supply to demonstrate the existence of an

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**Interpretation:** Section 9 provides a mechanism for operational creditors to recover outstanding

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**Application:** The Applicant, Anjushree Enterprises, successfully demonstrated the existence

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## Parties

- **Judges:** Ina Mal…; V.K. SUB…
- **Appellants:** Anjushree…
- **Respondents:** C View Innovations…

## Timeline

- **2017-11-20 — First Su…**: First supply of electrical appliances made by Anjushree Enterprises to C View Innovations…
- **2017-11-29 — Second S…**: Second supply of electrical appliances made by Anjushree Enterprises to C View…

## 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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