# In the matter of SRS Meditech Ltd. CP (IB) No. 64-Chd-Hry-2018

> NCLT judgment dated 2018-11-02. Citation: TCN-2018-NCLT-00392. Durga Enterprises, an operational creditor, filed a petition under Section 9 of the Insolvency…

- **Court:** NCLT
- **Order date:** 2 Nov 2018
- **Citation:** TCN-2018-NCLT-00392
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/srs-meditech-ltd-cp-ib-no-64-chd-hry-2018-a02075c5

## Summary

### Background

Durga Enterprises, an operational creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against SRS Meditech Limited, the corporate debtor, for non-payment of dues. Durga Enterprises supplied printed mono cartons to SRS Meditech as per agreed terms and conditions, issuing invoices from 07.12.2016 to 13.05.2017, totaling ₹20,57,626. Despite repeated demands, SRS Meditech failed to clear the outstanding amount. Durga Enterprises served a demand notice on 26.10.2017. The petition was filed on 10.01.2018. The corporate debtor was incorporated on 28.06.2010 under the Companies Act, 1956.

## Facts

Durga Enterprises, an operational creditor, supplied printed mono cartons to SRS Meditech Limited, a corporate debtor. Invoices were issued from 07.12.2016 to 13.05.2017, totaling ₹20,57,626. SRS Meditech failed to make the payment. Durga Enterprises served a demand notice dated 26.10.2017. The petition was filed on 10.01.2018. SRS Meditech issued cheques towards settlement, but they bounced. The corporate debtor admitted to placing purchase orders with the operational creditor. The outstanding amount as on 31.10.2017 was ₹23,09,720, including principal and interest. The corporate debtor was incorporated on 28.06.2010.

## 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 considered the facts presented, including the invoices, demand notice, and the

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**Interpretation:** Section 9 provides a mechanism for operational creditors to recover their dues

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**Application:** The court found that Durga Enterprises had supplied goods to SRS Meditech,

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## Parties

- **Judges:** R.P.Nag…; Pradeep R.…
- **Appellants:** Durga Enter…
- **Respondents:** SRS Meditech…

## Timeline

- **2010-06-28 — Incorporation of…**: SRS Meditech Limited was…
- **2016-12-07 — Invoice Perio…**: Start date of the period during which Durga Enterprises issued invoices to SRS Meditech…

## 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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