# In the matter of Jkshhikha Construction Private Limited C.P. (IB) No.736-KB-2018

> NCLT judgment dated 2019-01-25. Citation: TCN-2019-NCLT-05157. The case involves an application filed by Nuvoco Vistas Corporation Ltd. (Operational Creditor)…

- **Court:** NCLT
- **Order date:** 25 Jan 2019
- **Citation:** TCN-2019-NCLT-05157
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/jkshhikha-construction-private-limited-cp-ib-no736-kb-2018-066ed713

## Summary

### Background

The case involves an application filed by Nuvoco Vistas Corporation Ltd. (Operational Creditor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Jkshikha Construction Private Limited (Corporate Debtor) for initiating the Corporate Insolvency Resolution Process (CIRP). The Operational Creditor claimed that the Corporate Debtor was unable to pay an operational debt of Rs. 18,65,132/-. The Operational Creditor had previously filed a petition for winding up of the Corporate Debtor in the Jharkhand High Court, which was later transferred to the NCLT after the enactment of the Insolvency and Bankruptcy Code. The Operational Creditor had also issued a demand notice under Section 8 of the IBC to the Corporate Debtor, which was received but not acted upon.

## Facts

Nuvoco Vistas Corporation Ltd. (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Jkshikha Construction Private Limited (Corporate Debtor) due to an unpaid operational debt of Rs. 18,65,132/-. The debt arose from the sale and supply of goods by the Operational Creditor to the Corporate Debtor between 25.05.2014 and 09.06.2014. The Operational Creditor persistently requested the Corporate Debtor to clear the dues, but the Corporate Debtor failed to do so. A demand notice was sent to the Corporate Debtor on 21.11.2017 under Section 8 of the IBC, which was received. Prior to the IBC, the Operational Creditor had filed a petition for winding up of the Corporate Debtor in the Jharkhand High Court, which was later

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor under Section 9 of the Insolvency and …

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

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**Reasoning:** The court considered the evidence presented by the Operational Creditor, including

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

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**Application:** The court applied Section 9 to the facts of the case, finding that the

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## Parties

- **Judges:** Madan B.…
- **Appellants:** Nuvoco Vistas…
- **Respondents:** Jkshikha Construct…
- **Advocates:** D.N. Sh…; Anumoy…; +2 more

## Timeline

- **2014-05-25 — Invoices…**: Operational Creditor sold and supplied goods to the Corporate Debtor between 25.05.2014…
- **2015-12-16 — Letter to Cle…**: Corporate Debtor was called…

## 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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