# In the matter of Innovari Technologies Pvt. Limited IB-569-ND-2018

> NCLT judgment dated 2019-08-21. Citation: TCN-2019-NCLT-01889. The case involves an application filed by the Petitioner, Shri Anil Kheterpal, under Section 9…

- **Court:** NCLT
- **Order date:** 21 Aug 2019
- **Citation:** TCN-2019-NCLT-01889
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/innovari-technologies-pvt-limited-ib-569-nd-2018-b3e318fe

## Summary

### Background

The case involves an application filed by the Petitioner, Shri Anil Kheterpal, under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) to initiate the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor, Innovari Technologies Pvt. Limited, for default in payment of Rs. 50,95,927/- related to travel bookings. The petitioner claims to have provided travel services to the Corporate Debtor, for which payment was not made.

## Facts

Shri Anil Kheterpal, the petitioner, filed a petition under Section 9 of the IBC, 2016, seeking to initiate CIRP against Innovari Technologies Pvt. Limited, the corporate debtor. The claim is based on a default of Rs. 50,95,927/- for travel services provided to the corporate debtor. The petitioner sent a demand notice dated 05.12.2018 to the corporate debtor's registered office via post and email. The postal notice was returned with the endorsement 'Addressee left'. However, the email notice was considered served. The corporate debtor did not reply to the demand notice or make any payment. The petitioner also served notice of the proceedings, but the corporate debtor did not appear before the Tribunal. The unpaid invoices and balance amount were presented to the

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## Issues and analysis

### Issue 1: Whether the petition filed under Section 9 of the IBC, 2016, for initiating CIRP against the …

**Ratio:** Section 9 of the IBC, 2016 allows an operational creditor to initiate CIRP against a

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**Reasoning:** The court considered the details filed with the petition, including unpaid invoices and a

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**Interpretation:** Section 9 provides the mechanism for operational creditors to trigger the

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**Application:** The court found that the petitioner had provided sufficient evidence of the

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## Parties

- **Judges:** Sh.R. Varad…; K.K. V…
- **Appellants:** ANIL KHET…
- **Respondents:** INNOVARI TECHNOLOG…

## Timeline

- **2018-12-05 — Demand Noti…**: The petitioner sent a demand notice to the Corporate Debtor's registered office through…
- **2019-01-19 — Direction for…**: The Tribunal directed service to the…

## 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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