# In the matter of Sohan Minerals and Mining Company Pvt. Ltd. C.P. (IB) No. 276-KB-2020

> Read the full IBC case summary for In the matter of Sohan Minerals and Mining Company Pvt. Ltd. C.P. (IB) No. 276-KB-2020. NCLT judgment dated 2022-05-24.…

- **Court:** NCLT
- **Order date:** 24 May 2022
- **Citation:** TCN-2022-NCLT-04778
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/sohan-minerals-and-mining-company-pvt-ltd-cp-ib-no-276-kb-2020-6975f2fa

## Summary

### Background

The Operational Creditor filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate a Corporate Insolvency Resolution Process against the Corporate Debtor due to an alleged default in payment for services rendered.

## Facts

Shri Kamal Luthra, Sole Proprietor of Lucky Minerals (Operational Creditor), filed a petition under section 9 of the Insolvency and Bankruptcy Code, 2016, against Sohan Minerals & Mining Company Pvt. Ltd. (Corporate Debtor). The Operational Creditor is engaged in providing services for iron-ore mining, including crushing, excavation, and screening. The Corporate Debtor, a mining company, approached the Operational Creditor for services at its Koira Iron Ore Mines, Odisha.

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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:** An application under Section 9 of the IBC is admissible if there is a clear admission of…

**Reasoning:** The Corporate Debtor admitted to owing at least Rs.6,42,966/- to the Operational…

**Interpretation:** The court interpreted the Corporate Debtor's letters and ledger statements as…

**Application:** Given the Corporate Debtor's admission of Rs.6,42,966/- as due and payable,…

## Parties

- **Judges:** Rohit K…; Harish Chander…
- **Advocates:** For Operational…; Jishnu Cho…; +8 more

## Timeline

- **June 1, 2015 — Work Order…**: Corporate Debtor placed a work…
- **June 18, 2015 — Work Order…**: Corporate Debtor placed a work…

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