# In the matter of International Trenching Pvt. Ltd. Company Petition No. (IB)-889 (ND)-2019

> NCLT judgment dated 2019-08-08. Citation: TCN-2019-NCLT-02032. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 8 Aug 2019
- **Citation:** TCN-2019-NCLT-02032
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/international-trenching-pvt-ltd-company-petition-no-ib-889-nd-2019-9b44b9ae

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Mr. Sonal Anand (the applicant/operational creditor) against M/S International Trenching Pvt. Ltd (the respondent/corporate debtor) for initiation of the Corporate Insolvency Resolution Process (CIRP). The applicant claims that the corporate debtor defaulted on payments for services rendered as per an agreement dated 03.04.2017. The agreement stipulated that the corporate debtor would avail services for 18 months from 01.04.2017, at a fee of Rs. 2,00,000 per month, totaling Rs. 36,00,000. The corporate debtor acknowledged the debt in a letter dated 11.10.2018, stating that Rs. 3,00,000 had been paid, leaving Rs. 33,00,000 outstanding. The operational creditor issued a

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## Facts

Mr. Sonal Anand (the applicant) is an operational creditor. M/S International Trenching Pvt. Ltd (the respondent) is the corporate debtor. An agreement dated 03.04.2017 was executed between the applicant and the respondent, where the respondent would avail services from the applicant for 18 months, starting 01.04.2017, at a fee of Rs. 2,00,000 per month, totaling Rs. 36,00,000. The respondent acknowledged the debt of Rs. 36,00,000 in a letter dated 11.10.2018, stating that Rs. 3,00,000 had been paid, leaving Rs. 33,00,000 outstanding. The applicant issued a demand notice on 29.01.2019 for Rs. 33,00,000 plus interest. The respondent failed to make the payment and did not reply to the demand notice. The respondent contended that the services were not actually provided

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## Issues and analysis

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

**Ratio:** Section 9(5)(i)(a) to (d) of the Insolvency and Bankruptcy Code, 2016, specifies the

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**Reasoning:** The court found that the applicant had provided sufficient evidence to prove its claim,

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**Interpretation:** The court interpreted Section 9 of the Code to mean that if the application is

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**Application:** The court applied the provisions of Section 9 to the facts of the case and

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## Parties

- **Judges:** Rajesh Daya…; SUMITAPURKA…
- **Appellants:** Sonal A…
- **Respondents:** M/S International…

## Timeline

- **2017-04-03 — Agreement Ex…**: An agreement was executed between the Corporate Debtor and Operational Creditor for…
- **2017-04-01 — Service Comme…**: Services commenced as per the agreement,…

## 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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