# In the matter of JNS Infratech Private Limited IB-944-ND-2018

> NCLT judgment dated 2019-09-13. Citation: TCN-2019-NCLT-01466. This case involves a petition filed by Ms. Shikha, proprietor of M/s Shree Shyam Enterprise,…

- **Court:** NCLT
- **Order date:** 13 Sept 2019
- **Citation:** TCN-2019-NCLT-01466
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/jns-infratech-private-limited-ib-944-nd-2018-06b0ac0c

## Summary

### Background

This case involves a petition filed by Ms. Shikha, proprietor of M/s Shree Shyam Enterprise, under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against JNS Infratech Private Limited. The applicant, an operational creditor, claims that the respondent, the corporate debtor, defaulted on payments for goods supplied.

## Facts

Ms. Shikha, operating as M/s Shree Shyam Enterprises, filed a petition against M/s JNS Infratech Private Limited under Section 9 of the Insolvency and Bankruptcy Code, 2016. The operational creditor (Shree Shyam Enterprises) supplied goods (10 mm & 20 mm aggregate) to the corporate debtor (JNS Infratech) between December 30, 2016, and January 31, 2017, raising invoices numbered 37, 38, 39, and 40. The total debt amounted to Rs 9,55,158. The corporate debtor failed to make payments despite reminders. A demand notice was issued on May 3, 2018, and received by the corporate debtor in June 2018, but the outstanding dues remained unpaid. The corporate debtor filed an application (CA No. 342/C-III/ND/18) to recall the order dated September 5, 2018, which was initially

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## Issues and analysis

### Issue 1: Whether the Operational Creditor has established the existence of an operational debt and default …

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

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**Reasoning:** The court reviewed the invoices raised by the operational creditor, the demand notices

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**Interpretation:** Section 9 of the IBC is interpreted to mean that if an operational creditor

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**Application:** In this case, the operational creditor provided invoices for goods supplied and

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## Parties

- **Judges:** R. VARADH…; K.K. V…
- **Appellants:** Shik…
- **Respondents:** JNS Infratech…; M/s JNS Infratech…
- **Advocates:** Ankit G…; Vibhan…; +1 more

## Timeline

- **2016-12-30 — Supply of…**: Operational Creditor supplied goods to the…
- **2017-01-31 — Supply of…**: Operational Creditor supplied goods to…

## 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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