# In the matter of Kasturi Exim Pvt. Ltd. CP (IB) No. 222-9-NCLT-AHM-2018

> NCLT judgment dated 2018-11-13. Citation: TCN-2018-NCLT-00350. The case involves an application filed by Mr. Mitesh Milanbhai Solanki, an operational…

- **Court:** NCLT
- **Order date:** 13 Nov 2018
- **Citation:** TCN-2018-NCLT-00350
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/kasturi-exim-pvt-ltd-cp-ib-no-222-9-nclt-ahm-2018-983b5cb6

## Summary

### Background

The case involves an application filed by Mr. Mitesh Milanbhai Solanki, an operational creditor, against M/s. Kasturi Exim Private Limited, a corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The operational creditor sought initiation of the corporate insolvency resolution process (CIRP) due to unpaid dues for accounting services provided. The corporate debtor allegedly failed to make payments for services rendered between April 2016 and March 2017, leading to a default. Despite reminders and a demand notice, the corporate debtor did not clear the outstanding amount or raise any dispute regarding the services.

## Facts

Mr. Mitesh Milanbhai Solanki, an operational creditor, provided accounting services to M/s. Kasturi Exim Private Limited, the corporate debtor. The services were rendered between April 2016 and March 2017. The corporate debtor failed to make payments for these services, resulting in an outstanding amount of Rs. 3,82,449/-. The operational creditor sent reminders and a demand notice dated 15.04.2018, but the corporate debtor neither replied nor made the payment. The corporate debtor did not raise any dispute regarding the quality, condition, or quantum of the fees. The date of default is considered to be 01.07.2017. The application to initiate CIRP was filed on 10th May, 2018. The corporate debtor is a company incorporated on 14.06.2011 with a registered office in

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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 IBC allows an operational creditor to initiate CIRP if a corporate

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**Reasoning:** The court observed that the application was complete as per sub-section 2 of Section 9 of

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**Interpretation:** Section 9 outlines the procedure for initiating CIRP by an operational

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**Application:** The court found that the application was complete and met the requirements of

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## Parties

- **Judges:** Manorama…
- **Appellants:** Mitesh Milanbhai…
- **Respondents:** Kasturi Exim Pvt.…

## Timeline

- **2011-06-14 — Incorporation of…**: M/s. Kasturi Exim…
- **2016-03-01 — Engagement…**: Corporate debtor issued engagement letter to appoint the operational creditor 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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