# In the matter of Shahi Infrastructure Pvt. Ltd. C.P. No.IB-1066(PB)-2019

> NCLT judgment dated 2019-08-22. Citation: TCN-2019-NCLT-01852. M/s Aarti Security Services, the petitioner, filed a petition under Section 9 of the Insolvency…

- **Court:** NCLT
- **Order date:** 22 Aug 2019
- **Citation:** TCN-2019-NCLT-01852
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/shahi-infrastructure-pvt-ltd-cp-noib-1066pb-2019-06487f17

## Summary

### Background

M/s Aarti Security Services, the petitioner, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, claiming to be an operational creditor of M/s Shahi Infrastructure Pvt. Ltd., the respondent. The petitioner sought to initiate the Corporate Insolvency Resolution Process (CIRP) against the respondent due to an alleged default in payment for services provided. The petitioner claims that a contract of service was entered into between them and the respondent, where the petitioner provided security guard and gunman services at the respondent's project. A demand notice was served to the respondent, but no reply was received.

## Facts

M/s Aarti Security Services (the Petitioner) claimed to be an operational creditor of M/s Shahi Infrastructure Pvt. Ltd. (the Respondent/Corporate Debtor). The petitioner filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate CIRP against the respondent. The petitioner provided security guard and gunman services to the respondent under a contract of service. A demand notice was served on 04.10.2018 under Section 8 of the Code, but no reply was received. As of 31.08.2018, the total amount in default was Rs. 50,35,741/-. The respondent-corporate debtor's counsel appeared on 16.07.2019, but no reply was filed to the petition. The Corporate Debtor was incorporated on 09.12.2004. The identification number of the Corporate Debtor is

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## Issues and analysis

### Issue 1: Whether the petition 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 court reasoned that the operational creditor had provided sufficient evidence,

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**Interpretation:** Section 9 is interpreted to mean that if an operational creditor can

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**Application:** The ratio and reasoning were applied to the facts of the case, where the

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## Parties

- **Judges:** M. M. K…; SUMITAPURKA…
- **Appellants:** M/s. Aarti…
- **Respondents:** M/s. Shahi…
- **Advocates:** Neha…; Vinod K…

## Timeline

- **2017-02-20 — Contract of…**: A contract of service was entered into between the operational creditor and the…
- **2018-10-04 — Demand N…**: The petitioner served a demand notice under Section 8 of the Code on 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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