# In the matter of Setu Vintrade Limited C.P. (IB) No. 1159-KB-2018

> NCLT judgment dated 2018-12-11. Citation: TCN-2018-NCLT-00109. The case involves an application filed by Ms. Puja Sharma, an Operational Creditor, under…

- **Court:** NCLT
- **Order date:** 11 Dec 2018
- **Citation:** TCN-2018-NCLT-00109
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/setu-vintrade-limited-cp-ib-no-1159-kb-2018-6d7321dc

## Summary

### Background

The case involves an application filed by Ms. Puja Sharma, an Operational Creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s. Setu Vintrade Limited, the Corporate Debtor. Ms. Sharma claims that the Corporate Debtor owes her Rs. 1,50,000/- for professional services rendered as a Company Secretary. The Corporate Debtor allegedly failed to pay her professional fees despite repeated reminders and a demand notice.

## Facts

Ms. Puja Sharma, an Operational Creditor, provided professional services as a Company Secretary to M/s. Setu Vintrade Limited, the Corporate Debtor. She was appointed vide an appointment letter dated 2018-03-05. The Corporate Debtor failed to pay her professional fees of Rs. 1,50,000/- which were due on 2018-06-02. Ms. Sharma issued a demand notice in Form 3 as per Section 8 of the I&B Code, 2016, on 2018-07-03, which was received by the Corporate Debtor. Despite receiving the demand notice, the Corporate Debtor failed to make the payment and did not raise any dispute regarding the debt. The Operational Creditor produced an invoice (Annexure A-5) proving the amount due. The Corporate Debtor admitted that the amount was not paid. The Corporate Debtor pleaded

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## Issues and analysis

### Issue 1: Whether the Operational Creditor, Ms. Puja Sharma, has successfully established compliance with …

**Ratio:** Section 9(5)(i) of the Insolvency and Bankruptcy Code, 2016, requires the Adjudicating

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**Reasoning:** The court reasoned that the Operational Creditor had produced sufficient documents,

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**Interpretation:** Section 9(5)(i) of the IBC requires the Adjudicating Authority to ascertain

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**Application:** In this case, the Operational Creditor provided all necessary documents, and

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## Parties

- **Judges:** Jinan…
- **Appellants:** Puja Sh…
- **Respondents:** M/s. Setu…

## Timeline

- **2018-03-05 — Appointment…**: The Corporate Debtor appointed Ms.…
- **2018-06-02 — Professional…**: Professional fees of Rs. 1,50,000/-…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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