# In the matter of Leel Electricals Limited Company Petition (IB)No.334-ALD-2019

> NCLT judgment dated 2019-12-09. Citation: TCN-2019-NCLT-00272. The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 9 Dec 2019
- **Citation:** TCN-2019-NCLT-00272
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/leel-electricals-limited-company-petition-ibno334-ald-2019-49811dca

## Summary

### Background

The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, by Peer Aar Automotive Private Limited, an operational creditor, against Leel Electricals Limited, the corporate debtor. The operational creditor claimed that the corporate debtor defaulted on payments for air conditioning parts supplied. The corporate debtor was served notice but did not appear or contest the case.

## Facts

Peer Aar Automotive Private Limited (operational creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 against Leel Electricals Limited (corporate debtor) for defaulting on payments. The operational creditor supplied air conditioning parts to the corporate debtor, who approved and confirmed the products. Invoices amounting to Rs. 40,76,565 were raised, and a demand notice dated 14.03.2019 was issued for Rs. 37,52,096, which was received by the corporate debtor. Despite the demand notice, no payment was made. The corporate debtor was served notice of the petition but did not appear or contest the case. The application was filed on 08.07.2019, with invoices dating from 29.08.2018 to 16.01.2019. The Adjudicating Authority found that

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## Issues and analysis

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

**Ratio:** Section 9(5) of the IB Code specifies the conditions under which the Adjudicating

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**Reasoning:** The Adjudicating Authority considered the provisions of Section 9(5) of the IB Code and

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**Interpretation:** Section 9(5) of the IB Code outlines the mandatory requirements for the

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**Application:** In this case, the Adjudicating Authority found that the application was

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## Parties

- **Judges:** Rajesh Daya…
- **Appellants:** Peer Aar Automotiv…
- **Respondents:** LEEL Electricals…

## Timeline

- **2018-08-26 — Service of…**: The corporate debtor was…
- **2018-08-29 — Invoice…**: Invoices issued from…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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