# In the matter of Southern Investments Private Limited CP-202-(IB)-CB-2018

> NCLT judgment dated 2018-03-26. Citation: TCN-2018-NCLT-01636. The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 26 Mar 2018
- **Citation:** TCN-2018-NCLT-01636
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/southern-investments-private-limited-cp-202-ib-cb-2018-5d964066

## Summary

### Background

The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, by an Operational Creditor, D. Juliet, against the Corporate Debtor, Southern Investments Private Limited. The Operational Creditor sought to initiate the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor, declare a moratorium, and appoint an Interim Resolution Professional (IRP). The Operational Creditor claimed an outstanding debt of Rs. 9,81,616/- on account of unpaid salary and gratuity.

## Facts

D. Juliet, the Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Southern Investments Private Limited, the Corporate Debtor, seeking to initiate the Corporate Insolvency Resolution Process (CIRP). The Operational Creditor claimed an outstanding debt of Rs. 9,81,616/- on account of unpaid salary and gratuity. The Operational Creditor was employed as Senior Manager cum Secretarial and Personnel in the Corporate Debtor from 01.04.1996 until 03.10.2017. The Operational Creditor continued to work based on the assurance that dues would be paid but eventually sent reminders for payment, which were in vain. A notice was issued under Section 8(1) of the I&B Code, 2016, to which the Corporate Debtor replied

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## Issues and analysis

### Issue 1: Whether the Operational Creditor has met the requirements for the admission of the application …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, outlines the requirements for an

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**Reasoning:** The court observed that the Operational Creditor had issued a notice under Section 8(1)

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**Interpretation:** The court interpreted Section 9 of the I&B Code, 2016, to mean that if the

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**Application:** In this case, the Operational Creditor demonstrated the existence of an

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## Parties

- **Judges:** Ch. Mohd Sharief…
- **Appellants:** D.JUL…
- **Respondents:** Southern Investmen…; SOUTHERN INVESTMEN…

## Timeline

- **1996-04-01 — Operational Creditor…**: Operational Creditor employed as Senior Manager cum Secretarial and Personnel in the…
- **2017-10-03 — End of Empl…**: Operational Creditor's employment…

## 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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