# 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-00619. 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-00619
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ujala-pumps-pvt-ltd-company-petition-no-ib-43-nd-2018-f82a9d35

## 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 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 copper items purchased. The respondent raised objections, claiming discrepancies in the statements of accounts and alleging that the applicant owes them money. The applicant contends that the respondent has admitted to accepting the goods and has failed to establish any pending dispute.

## Facts

TDT Copper Limited (applicant) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Ujala Pumps Pvt. Ltd. (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 copper items purchased. The applicant issued a demand notice to the respondent on 25.07.2017, under Section 8 of the IBC. The respondent failed to repay the outstanding amount despite the demand notice. The respondent filed a reply objecting to the application, claiming discrepancies in the statements of accounts and alleging that the applicant owed them money. The last payment received by the operational creditor

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## Issues and analysis

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

**Ratio:** Section 9(5)(i)(a) to (d) of the Insolvency and Bankruptcy Code, 2016, specifies the

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**Reasoning:** The court found that the application was complete and that the requirements of Section

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**Interpretation:** Section 9 of the IBC outlines the procedure and conditions for initiating CIRP

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**Application:** The court applied the provisions of Section 9 to the facts of the case and

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## Parties

- **Judges:** Ina Mal…; DeepaKr…
- **Appellants:** M/S TDT COPPER…
- **Respondents:** M/S UJALA PUMPS…
- **Advocates:** Mithles…

## Timeline

- **2015-11-01 — Debt Outst…**: Rs. 9,94,311/- is outstanding against…
- **2017-07-25 — Demand Notice…**: Applicant issued a demand notice to the debtor in Form 4 of the Insolvency and Bankruptcy…

## 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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