# In the matter of India Sports Flashes Private Limited Company Petition No. IB-460-ND-2020

> NCLT judgment dated 2021-08-11. Citation: TCN-2021-NCLT-01379. M/s KDH Travels Private Limited filed an application under Section 9 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 11 Aug 2021
- **Citation:** TCN-2021-NCLT-01379
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/india-sports-flashes-private-limited-company-petition-no-ib-460-nd-2020-6a0c56cf

## Summary

### Background

M/s KDH Travels Private Limited filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate the Corporate Insolvency Resolution Process (CIRP) against M/S India Sports Flashes Private Limited. The applicant, an operational creditor, claimed that the corporate debtor defaulted on payments for services provided, specifically booking of air tickets, rail tickets, cruises, hotel accommodation, transportation, sightseeing tours, guide services, and conference arrangements.

## Facts

M/s KDH Travels Private Limited (Applicant) provided travel and related services to M/S India Sports Flashes Private Limited (Corporate Debtor) from February 2019 to April 2019. The services included booking air tickets, rail tickets, cruises, hotel accommodation, transportation, sightseeing tours, guide services, and conference arrangements. The applicant raised invoices for these services, which were acknowledged by the corporate debtor. A General Agreement dated 20.02.2019 was in place, stipulating that the corporate debtor should clear outstanding dues within 10 days of invoice receipt. The corporate debtor made partial payments totaling Rs. 6,44,183/- against total services availed for Rs. 13,35,777/-, leaving Rs. 6,91,594/- unpaid. A cheque issued by the

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## Issues and analysis

### Issue 1: Whether the application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 is …

**Ratio:** Section 9 of the IBC allows an operational creditor to initiate CIRP against a corporate

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**Reasoning:** The court noted that the applicant had provided evidence of the services rendered,

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

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**Application:** The court found that the applicant had met all the requirements under Section

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## Parties

- **Judges:** DEEPTI M…; SUMITAPURKA…
- **Appellants:** M/S KDH TRAVELS…
- **Respondents:** M/S INDIA SPORTS…
- **Advocates:** Kapil M…; Saurabh…

## Timeline

- **2019-02-01 — Service P…**: Services provided by KDH Travels to India Sports…
- **2019-02-20 — General Agr…**: General Agreement entered into between…

## 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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