# In the matter of Kalisma Steel Pvt. Ltd. CP (IB) 455 (MB)-2019

> NCLT judgment dated 2019-04-15. Citation: TCN-2019-NCLT-03897. The case pertains to a petition filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 15 Apr 2019
- **Citation:** TCN-2019-NCLT-03897
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/kalisma-steel-pvt-ltd-cp-ib-455-mb-2019-5c9af615

## Summary

### Background

The case pertains to a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The order sheet reflects the hearing of the Mumbai Bench of the National Company Law Tribunal on April 15, 2019. The case involves Om Logistics Ltd as the operational creditor and Kalisma Steel Pvt Ltd as the corporate debtor.

## Facts

Om Logistics Ltd filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Kalisma Steel Pvt Ltd. The National Company Law Tribunal (NCLT), Mumbai Bench, heard the matter on April 15, 2019. Following the directions of the NCLAT in the Innoventive case, the NCLT directed that notices be issued to Kalisma Steel Pvt Ltd, the corporate debtor. The designated registrar was instructed to hand over the notice to Om Logistics Ltd for effective service on Kalisma Steel Pvt Ltd. Om Logistics Ltd was directed to file an affidavit of service within seven days. The case was listed for admission on June 12, 2019. The petition is related to an operational debt owed by Kalisma Steel Pvt Ltd to Om Logistics Ltd.

## Issues and analysis

### Issue 1: Whether the petition filed by Om Logistics Ltd under Section 9 of the Insolvency and Bankruptcy …

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

…

**Reasoning:** The court is considering the admissibility of the petition based on the fulfillment of

…

**Interpretation:** Section 9 provides the framework for operational creditors to initiate

…

**Application:** The court will assess whether Om Logistics Ltd has demonstrated the existence

…

## Parties

- **Judges:** V. P. S…; RavikumarDu…
- **Appellants:** Om Logisti…
- **Respondents:** Kalisma Steel…

## Timeline

- **2019-04-15 — Hearing…**: Hearing of the Mumbai Bench of the…
- **2019-06-12 — Listing Date for…**: Case listed for…

## 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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