# In the matter of Ther-A-Pedic Bedding India Private Limited C.P. (IB) No. 71-BB-2017

> NCLT judgment dated 2018-02-05. Citation: TCN-2018-NCLT-01878. Next Radio Limited, an operational creditor, filed a petition under Section 9 of the Insolvency…

- **Court:** NCLT
- **Order date:** 5 Feb 2018
- **Citation:** TCN-2018-NCLT-01878
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ther-a-pedic-bedding-india-private-limited-cp-ib-no-71-bb-2017-153920c2

## Summary

### Background

Next Radio Limited, an operational creditor, filed a petition 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, against Ther A Pedic Bedding India Private Limited, a corporate debtor, for defaulting on a payment of Rs. 13,47,291. The operational creditor provided broadcasting services to the corporate debtor based on release orders issued on 21.01.2016 and 31.03.2016. A demand notice was served on 17.04.2017, but the corporate debtor did not respond. The Insolvency and Bankruptcy Board of India recommended Mrs. R.Jesintha as the interim resolution professional.

## Facts

Next Radio Limited (operational creditor) filed a petition against Ther A Pedic Bedding India Private Limited (corporate debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, for defaulting on a payment of Rs. 13,47,291. The operational creditor provided broadcasting services to the corporate debtor based on release orders issued on 21.01.2016 and 31.03.2016. The value of services provided by the operational creditor amounted to Rs. 11,76,673. A demand notice was served on 17.04.2017, but the corporate debtor did not respond. The Insolvency and Bankruptcy Board of India recommended Mrs. R.Jesintha as the interim resolution professional. Initially, no notice was issued to the respondent corporate debtor, but this was later rectified. The operational

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## Issues and analysis

### Issue 1: Whether the petition filed by the operational creditor, Next Radio Limited, against the corporate …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, allows an operational creditor to

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**Reasoning:** The court considered the evidence presented by the operational creditor, including the

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

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**Application:** In this case, the operational creditor, Next Radio Limited, demonstrated that

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## Parties

- **Judges:** Shri.RatakondaMura…; Shri.Ashok Kumar…
- **Appellants:** Next Radio…
- **Respondents:** Ther A Pedic…
- **Advocates:** Nikh…

## Timeline

- **2016-01-21 — Release Order…**: Corporate debtor issued release…
- **2016-03-31 — Release Order…**: Corporate debtor issued release…

## 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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