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

> NCLT judgment dated 2018-09-06. Citation: TCN-2018-NCLT-00809. The case pertains to an application filed by an operational creditor, Sh. Manvender Singh…

- **Court:** NCLT
- **Order date:** 6 Sept 2018
- **Citation:** TCN-2018-NCLT-00809
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/sri-narsing-dev-sugar-pvt-ltd-cp-no-ib-238-ald-2018-4ffd4344

## Summary

### Background

The case pertains to 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/- arising from the supply of sugarcane. The corporate debtor admitted to the claim but stated its inability to pay due to financial crisis.

## Facts

Sh. Manvender Singh Malik, the operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, 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 thirty-three receipts for the sugarcane supply. The petitioner issued a demand notice under Section 8(2) of the Code, but the corporate debtor failed to make the payment. The corporate debtor admitted the claim but stated its inability to pay due to a financial crisis. The operational creditor also filed an affidavit stating that no notice of dispute had been raised by the

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## Issues and analysis

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

**Ratio:** The operational creditor must demonstrate compliance with Sections 8 and 9 of the IBC,

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**Reasoning:** The court noted that the operational creditor had issued a demand notice under Section

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**Interpretation:** Sections 8 and 9 of the IBC outline the procedure for initiating the corporate

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**Application:** The operational creditor provided evidence of the demand notice and the absence

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## Parties

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

## Timeline

- **2001-01-24 — Incorporation of…**: M/s Shri Narsing Dev Sugar…
- **2017-02-04 — Sugarcane Supply Period…**: Start of the period during which the operational creditor supplied sugarcane to the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 14 — Moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-14)

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