# In the matter of Ujaas Energy Limited CP (IB) No. 09-9-NCLT-AHM-2020

> NCLT judgment dated 2020-09-17. Citation: TCN-2020-NCLT-00599. Deepak Chandak, proprietor of M/s. Harshal Enterprises, filed an application under Section 9 of…

- **Court:** NCLT
- **Order date:** 17 Sept 2020
- **Citation:** TCN-2020-NCLT-00599
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ujaas-energy-limited-cp-ib-no-09-9-nclt-ahm-2020-64ad26ac

## Summary

### Background

Deepak Chandak, proprietor of M/s. Harshal Enterprises, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against M/s. Ujaas Energy Limited, the Corporate Debtor, to initiate the Corporate Insolvency Resolution Process (CIRP). The basis for the application was the Corporate Debtor's alleged default in paying an operational debt of Rs. 18,67,008/-.

## Facts

Deepak Chandak, operating as M/s. Harshal Enterprises, is the Operational Creditor. Ujaas Energy Limited is the Corporate Debtor. The Operational Creditor provided civil work services for the installation of a solar power plant to the Corporate Debtor between December 14, 2017, and September 19, 2019, for which invoices totaling Rs. 18,67,008/- were raised. The Corporate Debtor failed to pay this amount despite repeated demands. A notice of demand was served on October 18, 2019, under Section 8 of the Insolvency and Bankruptcy Code, 2016. The Corporate Debtor acknowledged the debt in an affidavit but cited financial difficulties for non-payment. The Operational Creditor submitted evidence of non-receipt of the claimed amount. The Corporate Debtor's director, Mr. Anurag

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## Issues and analysis

### Issue 1: Whether the application filed by the …

**Ratio:** An application under Section 9 of the Insolvency and Bankruptcy Code, 2016, must be

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**Reasoning:** The Adjudicating Authority found that the application was indeed defect-free after

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**Interpretation:** The interpretation of Section 9 requires that all necessary documents and

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**Application:** The application was found to be defect-free because the Operational Creditor

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## Parties

- **Judges:** Madan B.…; Virendra Kumar…
- **Appellants:** Deepak Ch…
- **Respondents:** Ujjas Energy…

## Timeline

- **2017-12-14 — Service Perio…**: Start date of the period during which the Operational Creditor provided services to the…
- **2019-09-19 — Service Per…**: End date of the period during which the Operational Creditor provided services to the…

## 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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