# In the matter of Matrix Metal Traders Private Limited CP-226-(IB)-CB-2018

> NCLT judgment dated 2018-04-05. Citation: TCN-2018-NCLT-01596. The case involves a company petition filed by Mr. O.S. Abdullah, a business consultant and…

- **Court:** NCLT
- **Order date:** 5 Apr 2018
- **Citation:** TCN-2018-NCLT-01596
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/matrix-metal-traders-private-limited-cp-226-ib-cb-2018-0105b78e

## Summary

### Background

The case involves a company petition filed by Mr. O.S. Abdullah, a business consultant and operational creditor, against M/s. Matrix Metal Traders Private Limited, the respondent and corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The petitioner claimed outstanding dues for business supporting services rendered to the respondent based on specific invoices. The respondent company is a private limited company incorporated under the Companies Act, 1956, engaged in the business of trading various metals and acting as contractors.

## Facts

Mr. O.S. Abdullah, a business consultant, filed a company petition against M/s. Matrix Metal Traders Private Limited under Section 9 of the Insolvency and Bankruptcy Code, 2016, claiming to be an operational creditor. The petitioner provided business supporting services to the respondent, a private limited company engaged in metal trading and contracting, based on a Memorandum of Understanding. The petitioner raised four invoices for these services, totaling Rs. 7,05,000, with an additional interest of Rs. 18,842, bringing the total outstanding to Rs. 7,23,842. Despite several requests and reminders, the respondent failed to settle the dues. The petitioner then sent a demand notice dated 2018-02-09 under Section 8 of the IB Code, 2016. The respondent's counsel appeared

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## Issues and analysis

### Issue 1: Whether the petitioner, Mr. O.S. Abdullah, qualifies as an operational creditor under the …

**Ratio:** An operational creditor is defined under the I&B Code as a person to whom an

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**Reasoning:** The petitioner provided business supporting services to the respondent based on a

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**Interpretation:** The definition of operational creditor is interpreted to include those who

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**Application:** The petitioner, having provided business supporting services and raised

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## Parties

- **Judges:** K. Anantha…; S. VIJAYARA…
- **Appellants:** O.S ABD…
- **Respondents:** M/s. MATRIX METAL…
- **Advocates:** Shri. Gopi…; Shri. A. C…

## Timeline

- **2018-02-09 — Demand N…**: Petitioner sent a Demand Notice to the Respondent as per the provisions under section 8…
- **2018-05-04 — Order Del…**: Order delivered admitting the petition and initiating Corporate Insolvency Resolution…

## 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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