# In the matter of Perfect Mobiles and Communications Private Limited CP (IB) No.1075-MB-IV-2020

> NCLT judgment dated 2022-01-07. Citation: TCN-2022-NCLT-04501. The case involves a petition filed by Bathla Teletech Private Limited (Operational Creditor)…

- **Court:** NCLT
- **Order date:** 7 Jan 2022
- **Citation:** TCN-2022-NCLT-04501
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/perfect-mobiles-and-communications-private-limited-cp-ib-no1075-mb-iv-2020-aa02d437

## Summary

### Background

The case involves a petition filed by Bathla Teletech Private Limited (Operational Creditor) under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Perfect Mobile and Communications Private Limited (Corporate Debtor) for failing to pay a total sum of Rs. 18,54,800/-. The Operational Creditor claimed to have supplied 199 pieces of Telephone Sets to the Corporate Debtor vide purchase order dated 04.04.2019. The date of default was 23.05.2019. The Operational Creditor served a Demand Notice in Form 3 dated 07.02.2020 to the Corporate Debtor. The Corporate Debtor acknowledged the purchase but cited business slowdown and COVID-19 as reasons for non-payment.

## Facts

Bathla Teletech Private Limited (Operational Creditor) filed a petition under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Perfect Mobile and Communications Private Limited (Corporate Debtor). The Operational Creditor claimed that the Corporate Debtor failed to pay a total sum of Rs. 18,54,800/- for 199 pieces of Telephone Sets supplied vide purchase order dated 04.04.2019. The last date of invoice was 24.04.2019, and the date of default was 23.05.2019. The Operational Creditor served a Demand Notice in Form 3 dated 07.02.2020. The Corporate Debtor acknowledged the purchase but cited business slowdown and COVID-19 as reasons for non-payment. The Corporate Debtor also contended that the

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## Issues and analysis

### Issue 1: Whether the petition filed by the Operational …

**Ratio:** Section 9 of the IBC allows an operational creditor to initiate CIRP against a corporate

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**Reasoning:** The Adjudicating Authority found that the petition was complete in all respects as

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**Interpretation:** Section 9 provides a mechanism for operational creditors to recover their dues

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**Application:** The Adjudicating Authority applied the provisions of Section 9 to the facts of

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## Parties

- **Judges:** KISHORE VEMULAPALL…; RAJESH S…
- **Appellants:** Bathla Teletech…
- **Respondents:** Perfect Mobile…

## Timeline

- **2007-09-24 — Corporate Debtor…**: Perfect Mobile and Communications…
- **2019-04-04 — Purchase Ord…**: Purchase order for Telephone…

## 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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