# In the matter of Retail Kart Solutions Pvt. Ltd. IB-1807-(ND)-2019

> NCLT judgment dated 2021-02-27. Citation: TCN-2021-NCLT-02900. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code…

- **Court:** NCLT
- **Order date:** 27 Feb 2021
- **Citation:** TCN-2021-NCLT-02900
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/retail-kart-solutions-pvt-ltd-ib-1807-nd-2019-31cd79ef

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code (IBC) by M/s Techmate Industries, the Operational Creditor (OC), against Retail Kart Solution Pvt. Ltd., the Corporate Debtor (CD), for a default of Rs. 3,69,358. The OC supplied kitchen, bakery, and refrigeration equipment/appliances to the CD, who operates under the brand "Bachat Bazar". The OC issued quotations in August and September 2017, and the CD placed an order. The OC supplied goods against Invoice No. TM/17-18/0066 dated 17.10.2017 for Rs. 13,69,358, which was duly received by the CD.

## Facts

M/s Techmate Industries, the Operational Creditor (OC), filed an application under Section 9 of the IBC against Retail Kart Solution Pvt. Ltd., the Corporate Debtor (CD), due to a default of Rs. 3,69,358. The OC supplied kitchen, bakery, and refrigeration equipment to the CD, who operates under the brand "Bachat Bazar". In August 2017, the CD contacted the OC for the supply of equipment. The OC issued quotations, and the CD placed an order. The OC supplied goods against Invoice No. TM/17-18/0066 dated 17.10.2017 for Rs. 13,69,358, which the CD received. The CD failed to pay the outstanding amount. The OC issued a demand notice, but the CD did not respond or raise any dispute. The OC filed an affidavit of service under Section 9(3)(b) of the IBC and obtained

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## Issues and analysis

### Issue 1: Whether the Operational Creditor (OC) is entitled to initiate Corporate Insolvency Resolution …

**Ratio:** Section 9 of the IBC allows an operational creditor to file an application for initiating

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**Reasoning:** The court found that the OC had delivered a demand notice to the CD, and the CD failed to

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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 OC complied with the requirements of Section 9 by delivering

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## Parties

- **Judges:** ABNI RANJAN KUMAR…; K.K. V…
- **Appellants:** M/s Techmate…
- **Respondents:** Retail Kart…; M/s. Retail Kart…
- **Advocates:** Madhu Sudan…; Animesh Kumar…

## Timeline

- **2017-08-01 — Contact and…**: The Corporate Debtor contacted and visited the Operational Creditor for the supply of…
- **2017-08-25 — Quotation…**: The Operational Creditor issued its quotation dated 25.08.2017 through mail on 28.08.2017…

## 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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