# In the matter of Ram Battery India Private Limited IBA-1186-2019

> NCLT judgment dated 2021-01-28. Citation: TCN-2021-NCLT-03204. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 28 Jan 2021
- **Citation:** TCN-2021-NCLT-03204
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ram-battery-india-private-limited-iba-1186-2019-a39a60b9

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Luminous Power Technologies Private Limited (Operational Creditor) against Ram Battery India Private Limited (Corporate Debtor) for initiating the Corporate Insolvency Resolution Process (CIRP) due to unpaid operational debt. The Operational Creditor claimed a sum of Rs. 18,46,197, including principal and interest, for goods dispatched to the Corporate Debtor. The Corporate Debtor contested the claim, alleging that some invoices were related to goods supplied to a third party, Murari Traders, and that payments had been made. The Operational Creditor refuted this claim, stating that the invoices in question were not part of the application and that any payments were

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## Facts

Luminous Power Technologies Private Limited (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Ram Battery India Private Limited (Corporate Debtor). The Operational Creditor claimed an outstanding operational debt of Rs. 18,46,197/-, including a principal sum of Rs. 14,66,710/- and interest of Rs. 3,79,487/-. The debt arose from the supply of electrical and ancillary equipment, including UPS, fans, modular switches, and wires. The Operational Creditor issued invoices for the goods dispatched between 29.07.2013 and 10.06.2019. The Corporate Debtor failed to clear the outstanding dues despite repeated requests. The Operational Creditor sent a demand

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor under Section 9 of the Insolvency and …

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

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**Reasoning:** The Tribunal noted that the Operational Creditor had followed the procedure prescribed

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**Interpretation:** Section 9 provides the mechanism for operational creditors to trigger the

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**Application:** The Operational Creditor demonstrated compliance with Section 9 by issuing a

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## Parties

- **Judges:** R. VARADH…; Anil Ku…
- **Appellants:** Luminous Power…
- **Respondents:** Ram Battery India…
- **Advocates:** Ranja…

## Timeline

- **2019-09-28 — Application…**: M/s. Luminous Power Technologies Private Limited filed an application under Section 9 of…
- **2019-07-30 — Demand N…**: Operational Creditor sent a Demand Notice in Form 3 as stipulated under Section 8 of IBC,…

## 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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