# In the matter of Shri Narsing Dev Sugar Pvt. Ltd. CP No. (IB)-238-ALD-2018

> NCLT judgment dated 2018-09-06. Citation: TCN-2018-NCLT-00813. The case involves an application filed by an operational creditor, Sh. Manvender Singh Malik,…

- **Court:** NCLT
- **Order date:** 6 Sept 2018
- **Citation:** TCN-2018-NCLT-00813
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/shri-narsing-dev-sugar-pvt-ltd-cp-no-ib-238-ald-2018-2f3bba57

## Summary

### Background

The case involves an application filed by an operational creditor, Sh. Manvender Singh Malik, against the corporate debtor, M/s Shri Narsing Dev Sugar Private Limited, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The operational creditor claimed an unpaid operational debt of Rs. 11,32,090/- which accrued from the supply of sugarcane to the corporate debtor between 04.02.2017 and 23.03.2017. The corporate debtor admitted to the claim but stated that it was unable to make the payment due to serious financial crises.

## Facts

Sh. Manvender Singh Malik, the operational creditor, filed an application against M/s Shri Narsing Dev Sugar Private Limited, the corporate debtor, claiming an unpaid operational debt of Rs. 11,32,090/-. This debt accrued from the supply of 4349.40 quintals of sugarcane between 04.02.2017 and 23.03.2017. The corporate debtor issued 33 receipts for the sugarcane supply. The corporate debtor failed to make the payment despite a demand notice issued under Section 8(2) of the Insolvency and Bankruptcy Code, 2016. The corporate debtor admitted the claim but stated inability to pay due to financial crises. The operational creditor provided a bank certificate showing no payment received from the corporate debtor. The corporate debtor's factory is situated at Baghpat. The

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## Issues and analysis

### Issue 1: Whether the operational creditor has complied with the provisions of Section 8 and 9 of the …

**Ratio:** Section 8 and 9 of the Insolvency and Bankruptcy Code, 2016, lay down the procedure for

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**Reasoning:** The court found that the operational creditor had complied with the provisions of Section

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**Interpretation:** Sections 8 and 9 of the IBC are interpreted to ensure that operational

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**Application:** The operational creditor provided evidence of the debt, issued a demand notice,

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## Parties

- **Judges:** SH. V.P.…; Saroj Ra…
- **Appellants:** Sh. Manvender…
- **Respondents:** M/s Shri Narsing…

## Timeline

- **2001-01-24 — Incorporation of…**: M/s Shri Narsing Dev Sugar Private Limited…
- **2017-02-04 — Start of Sugarcane…**: The operational creditor started…

## 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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