# In the matter of Jass Grounding Systems Pvt. Ltd. IB-51-ND-2019

> NCLT judgment dated 2019-04-03. Citation: TCN-2019-NCLT-04165. The case involves an application filed by K. C. Sharma, proprietor of Supertek Engineers, under…

- **Court:** NCLT
- **Order date:** 3 Apr 2019
- **Citation:** TCN-2019-NCLT-04165
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/jass-grounding-systems-pvt-ltd-ib-51-nd-2019-62b558ff

## Summary

### Background

The case involves an application filed by K. C. Sharma, proprietor of Supertek Engineers, under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against Jass Grounding Systems Pvt. Ltd. The applicant claims an amount of Rs. 6,88,402/- from the respondent. The respondent had been placing orders with the applicant for engineering components since 2016, and a running account was maintained. Payments were made until 31.03.2017, with a partial balance paid until 17.07.2018. A demand notice dated 27.11.2018 was issued for Rs. 6,32,830/-, but no reply was received, leading to the filing of the petition.

## Facts

K. C. Sharma, proprietor of Supertek Engineers, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Jass Grounding Systems Pvt. Ltd. for a claim of Rs. 6,88,402. Jass Grounding Systems had been placing orders with Supertek Engineers for engineering components since 2016, with a running account maintained. Payments were made until March 31, 2017, and partially until July 17, 2018. A demand notice was issued on November 27, 2018, for Rs. 6,32,830, but no reply was received. The respondent was served via email and post, but the post was returned, and no one appeared on behalf of the respondent. The respondent was proceeded against ex-parte vide order dated 2019-01-23. The

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## Issues and analysis

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

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, allows an operational creditor to

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**Reasoning:** The court considered the invoices and ledger account submitted by the applicant, which

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

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**Application:** The applicant, K. C. Sharma, presented sufficient evidence of outstanding dues

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## Parties

- **Judges:** Ina Mal…; V.K. SUB…
- **Appellants:** K. C. S…
- **Respondents:** Jass Grounding…

## Timeline

- **2016-01-01 — Orders p…**: Jass Grounding Systems started placing orders with Supertek Engineers for engineering…
- **2017-03-31 — Payments…**: Jass Grounding Systems made several payments…

## 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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