# In the matter of Pollen Computer Park Private Limited C.P. (IB) 2960-2019

> NCLT judgment dated 2020-01-06. Citation: TCN-2020-NCLT-02512. The case involves a petition filed by Hardik Pankaj Jotangia, an Operational Creditor, against…

- **Court:** NCLT
- **Order date:** 6 Jan 2020
- **Citation:** TCN-2020-NCLT-02512
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/pollen-computer-park-private-limited-cp-ib-2960-2019-aed273b7

## Summary

### Background

The case involves a petition filed by Hardik Pankaj Jotangia, an Operational Creditor, against Pollen Computer Park Private Limited, the Corporate Debtor, under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016. The Operational Creditor alleges that the Corporate Debtor defaulted on payments for invoices raised under a Software Development Agreement. The Corporate Debtor acknowledged the debt but cited economic slowdown and overall industrial scenario as reasons for their inability to pay.

## Facts

Hardik Pankaj Jotangia, the Operational Creditor, filed a petition against Pollen Computer Park Private Limited, the Corporate Debtor, under Section 9 of the IBC, 2016, for defaulting on payments related to a Software Development Agreement. The agreement was entered on 2018-06-02, and a purchase order was placed by the Corporate Debtor on 2018-06-03. An invoice for Rs. 8,75,000/- was raised on 2018-09-15. Despite reminder notices, the Corporate Debtor failed to make the payment. A demand notice dated 2019-06-18 was sent, demanding Rs. 8,75,000/- plus interest of Rs. 1,04,856/-, totaling Rs. 9,79,856/-. The Corporate Debtor acknowledged the debt but cited economic slowdown as the reason for non-payment. The Operational Creditor submitted documents including the demand

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## Issues and analysis

### Issue 1: Whether the petition filed by the Operational Creditor fulfills the requirements under Section 9 of …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, allows an operational creditor to

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**Reasoning:** The court examined the documents submitted by the Operational Creditor, including the

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**Interpretation:** Section 9 of the IBC provides a mechanism for operational creditors to recover

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**Application:** In this case, the Operational Creditor provided sufficient evidence of the debt

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## Parties

- **Judges:** Bhaskara Pantula…; Shyam Babu…
- **Appellants:** Hardik Pankaj…
- **Respondents:** Pollen Computer…

## Timeline

- **2018-06-02 — Software Development…**: Operational Creditor and Corporate Debtor…
- **2018-06-03 — Purchase…**: Corporate Debtor placed a purchase order with the Operational Creditor for software…

## 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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