# In the matter of Ujala Pumps Pvt. Ltd. Company Petition No. IB-43 (ND)-2018

> NCLT judgment dated 2018-10-10. Citation: TCN-2018-NCLT-00608. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 10 Oct 2018
- **Citation:** TCN-2018-NCLT-00608
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ujala-pumps-pvt-ltd-company-petition-no-ib-43-nd-2018-16a14e6f

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by TDT Copper Limited (the applicant), an operational creditor, against Ujala Pumps Pvt. Ltd. (the respondent), seeking initiation of the Corporate Insolvency Resolution Process (CIRP). The applicant claims that the respondent owes them a sum of Rs. 9,94,311/- as of November 2015 for the supply of copper items, despite repeated requests for payment. The respondent raised objections, claiming discrepancies in the statements of accounts and alleging that the applicant owes them money for deficient quantities of raw materials.

## Facts

TDT Copper Limited (the applicant) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Ujala Pumps Pvt. Ltd. (the respondent), seeking initiation of Corporate Insolvency Resolution Process (CIRP). The applicant claimed to be an operational creditor, stating that the respondent owed them Rs. 9,94,311/- as of November 2015 for the supply of copper items. The applicant issued a demand notice to the respondent on 25.07.2017, but the respondent failed to repay the outstanding amount. The respondent filed a reply objecting to the application, alleging discrepancies in the statements of accounts and claiming that the applicant owed them money for deficient quantities of raw materials. The last payment received by the operational creditor

…

## Issues and analysis

### Issue 1: Whether the application under Section 9 of the Insolvency and Bankruptcy Code, 2016, is …

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

…

**Reasoning:** The court found that the applicant had fulfilled the requirements of Section 9(5)(i)(a)

…

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

…

**Application:** The court applied Section 9 to the facts of the case, finding that the

…

## Parties

- **Judges:** Ina Mal…; Deepa Kr…; +1 more
- **Appellants:** M/S TDT COPPER…
- **Respondents:** M/S UJALA PUMPS…

## Timeline

- **1992-05-12 — Incorporation of…**: Ujala Pumps Pvt. Ltd. was…
- **2015-07-17 — Last Payment…**: The last payment received by the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/ujala-pumps-pvt-ltd-company-petition-no-ib-43-nd-2018-16a14e6f