# In the matter of Intertek Appliances Private Limited CP (IB) No. 224-Chd-HP-2020

> NCLT judgment dated 2021-06-18. Citation: TCN-2021-NCLT-01953. The case involves a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016…

- **Court:** NCLT
- **Order date:** 18 Jun 2021
- **Citation:** TCN-2021-NCLT-01953
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/intertek-appliances-private-limited-cp-ib-no-224-chd-hp-2020-93e46e08

## Summary

### Background

The case involves a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 by Smt. Kanika Dandona, through her attorney holder Mr. Jatin Dandona, representing Lakshmi Plastic Centre Co. (Operational Creditor), to initiate Corporate Insolvency Resolution Process (CIRP) against Intertek Appliances Private Limited (Corporate Debtor). The operational creditor claimed that the corporate debtor defaulted on payments for goods and materials supplied during 2019. The total amount in default was ₹12,54,521/-, including principal and interest.

## Facts

Smt. Kanika Dandona, representing Lakshmi Plastic Centre Co. (Operational Creditor), filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Intertek Appliances Private Limited (Corporate Debtor). The operational creditor supplied goods and materials to the corporate debtor during 2019 and issued invoices. The total amount claimed to be in default was ₹12,54,521/-, including ₹12,37,201/- as principal and ₹17,320/- as interest. A demand notice dated 02.11.2019 was served upon the corporate debtor. The corporate debtor filed a reply admitting the default due to financial crisis. The operational creditor also attached a ledger account of the corporate debtor. The court observed that

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## Issues and analysis

### Issue 1: Whether the demand notice in Form 3 …

**Ratio:** The demand notice must be served to the registered address of the corporate debtor as per

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**Reasoning:** The demand notice was sent to the registered address of the corporate debtor as per the

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**Interpretation:** The service of demand notice is a mandatory requirement under Section 9 of the

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**Application:** The court found that the demand notice was sent to the correct address,

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## Parties

- **Judges:** Ajay Kumar…; RaghuNa…
- **Appellants:** Kanika Da…
- **Respondents:** Intertek Appliance…

## Timeline

- **2019-01-01 — Supply of…**: Operational creditor supplied goods and material to the corporate debtor during the year…
- **2019-11-02 — Demand N…**: A demand notice in Form 3 dated 02.11.2019…

## 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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