# 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-01369. 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-01369
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/india-sports-flashes-private-limited-company-petition-no-ib-460-nd-2020-abec156c

## Summary

### Background

M/s KDH Travels Private Limited filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) read with Rule 6 of the Insolvency and Bankruptcy Code (Application to Adjudicating Authority) Rules, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against M/S India Sports Flashes Private Limited. The applicant, an operational creditor, sought to recover unpaid dues for services provided to the corporate debtor.

## Facts

M/s KDH Travels Private Limited (the Applicant) is a private limited company engaged in tour and travel services. M/S India Sports Flashes Private Limited (the Corporate Debtor) availed services from the Applicant, including booking air tickets, rail tickets, cruises, hotel accommodation, transportation, sightseeing tours, guide services, and conference arrangements. A General Agreement dated 20.02.2019 governed the terms and conditions. The Applicant provided services from February 2019 to April 2019 and raised invoices from 28.02.2019 to 08.04.2019, which were acknowledged by the Corporate Debtor. The Corporate Debtor made partial payments, leaving Rs. 6,91,594/- unpaid. A cheque issued by the Corporate Debtor for Rs. 2,00,000/- bounced due to insufficient funds. 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 determined that the application was filed by an operational creditor, a demand

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

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**Application:** The applicant, being an operational creditor, followed the procedure prescribed

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## Parties

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

## Timeline

- **2019-02-20 — General Agr…**: General Agreement entered into between…
- **2019-02-28 — First In…**: First invoice raised by…

## 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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