# In the matter of Ram Dev International Ltd. (IB)- 178 -(PB)-2017

> NCLT judgment dated 2018-02-08. Citation: TCN-2018-NCLT-01861. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 8 Feb 2018
- **Citation:** TCN-2018-NCLT-01861
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ram-dev-international-ltd-ib-178-pb-2017-8dde7b44

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by an operational creditor, M/s. Mussadi Lal Kishan Lal, against the operational debtor, Ram Dev International Ltd. The operational creditor claimed that the operational debtor defaulted on payments for the supply of paddy. Prior to this application, the petitioner had filed a petition under the Companies Act, 1956, which was later transferred to the NCLT. The petitioner then withdrew the earlier petition with the liberty to file a fresh one.

## Facts

M/s. Mussadi Lal Kishan Lal, an operational creditor, filed a petition against Ram Dev International Ltd., an operational debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The petitioner supplied 1203 quintals of paddy to the respondent between 03.11.2014 and 15.12.2014, totaling Rs. 33,45,813.75. The respondent made partial payments, leaving an outstanding amount of Rs. 22,92,674/- as of 31.03.2016. The petitioner sent legal notices on 11.07.2016 and 20.07.2016, which were returned unserved. A demand notice was sent on 03.04.2017, also returned unserved. The total operational debt, including interest, was Rs. 32,55,653/- as of 31.03.2017. The respondent was proceeded ex-parte after attempts to serve them failed. The petitioner firm comes under the

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## Issues and analysis

### Issue 1: Whether the petitioner qualifies as an 'Operational Creditor' under Section 5(21) of the Insolvency …

**Ratio:** Section 5(21) of the IBC defines 'operational debt' as a claim in respect of the

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**Reasoning:** The court examined the invoices issued by the petitioner and the VAT D-2 form issued by

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**Interpretation:** The definition of operational debt is interpreted to include debts arising from

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**Application:** The court applied the definition of 'operational debt' to the facts and found

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## Parties

- **Judges:** M. M. K…; DeepaKr…
- **Appellants:** M/s. Mussadi Lal…
- **Respondents:** Ram Dev Internatio…
- **Advocates:** Radhika…; Siddhant K…

## Timeline

- **2004-04-05 — Incorporation of…**: Ram Dev International Limited was…
- **2014-11-03 — Supply of…**: The Petitioner supplied 1203 quintals of Paddy to the Respondent Company during the…

## 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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