# In the matter of Victronics Communications Pvt. Ltd. (IB)-2241-ND-2019

> NCLT judgment dated 2019-10-31. Citation: TCN-2019-NCLT-00765. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 31 Oct 2019
- **Citation:** TCN-2019-NCLT-00765
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/victronics-communications-pvt-ltd-ib-2241-nd-2019-aff26f8d

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 by Sh. Harvinder Singh Luthra, proprietor of Sunshine Printers, against Victronics Communications Pvt. Ltd., seeking initiation of the Corporate Insolvency Resolution Process (CIRP). The applicant claims that the corporate debtor failed to liquidate outstanding debts despite repeated requests and a demand notice served under Section 8 of the IBC. The corporate debtor did not appear despite notice.

## Facts

Sh. Harvinder Singh Luthra, proprietor of Sunshine Printers, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 against Victronics Communications Pvt. Ltd. Sunshine Printers, the operational creditor, is in the business of supplying corrugated boxes. Victronics Communications, the corporate debtor, which deals in mobile phones, placed various purchase orders with Sunshine Printers. The operational creditor maintained a running account reflecting an outstanding amount of Rs. 17,82,536.61. Despite repeated requests and a demand notice under Section 8 of the IBC, the corporate debtor failed to liquidate the outstanding liability. The corporate debtor did not appear after notice was served.

## Issues and analysis

### Issue 1: Whether the operational creditor has complied with the requirements of Section 9 of the Insolvency …

**Ratio:** Section 9 of the IBC outlines the procedure and requirements for an operational creditor

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**Reasoning:** The court observed that the operational creditor had submitted the necessary documents,

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**Interpretation:** Section 9 of the IBC is interpreted to mean that if an operational creditor

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**Application:** In this case, the operational creditor provided sufficient evidence of the debt

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## Parties

- **Judges:** Ina Mal…; SH. L. N.…
- **Appellants:** Sh. Harvinder…
- **Respondents:** Victronics…

## Timeline

- **2019-10-31 — Order Del…**: Order delivered on 31.10.2019 admitting…
- **2019-12-12 — Next Hearin…**: The case is scheduled to come…

## 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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