# In the matter of NTL Electronics India Ltd. (IB)-814-ND-2019

> NCLT judgment dated 2019-08-27. Citation: TCN-2019-NCLT-01759. The petition was filed to initiate the Corporate Insolvency Resolution Process (CIRP) against…

- **Court:** NCLT
- **Order date:** 27 Aug 2019
- **Citation:** TCN-2019-NCLT-01759
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ntl-electronics-india-ltd-ib-814-nd-2019-024dcd66

## Summary

### Background

The petition was filed to initiate the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor due to its inability to liquidate outstanding dues. The Operational Creditor, a logistics provider, transported consignments for the Corporate Debtor at its request. The Corporate Debtor defaulted on payments for freight charges, despite repeated requests and reminders.

## Facts

Om Logistic Ltd., the Operational Creditor, filed a petition against NTL Electronics India Ltd, the Corporate Debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. Om Logistic provided logistics services to NTL Electronics, transporting consignments to various destinations. NTL Electronics defaulted on payments for freight charges amounting to Rs. 1,73,882.49. Om Logistic issued a demand notice dated 2019-01-02 under Section 8 of the Code, which was replied to by NTL Electronics. NTL Electronics admitted the outstanding debt but expressed its inability to pay. The key fact is the admission of debt by the Corporate Debtor and the absence of any prior dispute regarding the debt.

## Issues and analysis

### Issue 1: Whether the petition filed by the Operational Creditor for initiating the Corporate Insolvency …

**Ratio:** The legal principle applied is that if a corporate debtor admits to owing a debt and

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**Reasoning:** The court reasoned that the Corporate Debtor's categorical admission of the liability

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**Interpretation:** This interpretation emphasizes that admission of debt and absence of prior

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**Application:** In this case, NTL Electronics admitted the debt to Om Logistic and there was no

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## Parties

- **Judges:** Ina Mal…; SUMITAPURKA…
- **Appellants:** Om logisti…
- **Respondents:** NTL Electronics…
- **Advocates:** Kajal B…

## Timeline

- **2019-01-02 — Demand Notice…**: A demand notice was issued by the Operational Creditor to the Corporate Debtor under…
- **2019-08-27 — Order Del…**: The order was delivered, admitting the petition for initiating the Corporate Insolvency…

## 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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