# In the matter of Realdream Digital Private Limited Company Petition No. IB-744-ND-2018

> NCLT judgment dated 2019-01-08. Citation: TCN-2019-NCLT-05299. The case involves a Company Petition filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 8 Jan 2019
- **Citation:** TCN-2019-NCLT-05299
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/realdream-digital-private-limited-company-petition-no-ib-744-nd-2018-5f1468ec

## Summary

### Background

The case involves a Company Petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Mr. Kamaljeet Bhatti, proprietor of M/s Planet Mobi (Operational Creditor), against M/s Realdream Digital Private Limited (Corporate Debtor). The Operational Creditor sought to initiate the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor due to unpaid operational debt.

## Facts

M/s Planet Mobi (Operational Creditor) provided digital advertisement services to M/s Realdream Digital Private Limited (Corporate Debtor). The Corporate Debtor placed orders through emails for publishing digital advertisements and mobile advertisement campaigns for its clients. The Operational Creditor raised invoices totaling Rs. 22,58,284/-, out of which the Corporate Debtor paid Rs. 14,10,076/-. The Corporate Debtor also deducted and deposited TDS of INR 39,274. A balance of Rs. 808,934/- remained due. The Operational Creditor issued a recovery notice on 23.12.2017 and a demand notice on 13.03.2018 under Section 8 of the IBC, 2016. The Corporate Debtor did not reply to either notice or make any payment. The Operational Creditor filed an affidavit affirming that

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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(5) of the IBC, 2016, allows for the admission of an application if it is

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**Reasoning:** The court found that the application was complete and that the Operational Creditor had

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**Interpretation:** Section 9 of the IBC provides the procedure for initiating CIRP by an

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**Application:** The court applied Section 9(5) to the facts, noting that the application was

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## Parties

- **Judges:** DEEPTI M…
- **Appellants:** Kamaljeet…
- **Respondents:** Realdream Digital…

## Timeline

- **2017-12-23 — Recovery…**: Operational Creditor issued a recovery…
- **2017-12-24 — Default…**: The default occurred…

## 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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