# In the matter of Young Mind Restaurant Pvt. Ltd. (IB) 967(ND)2019

> NCLT judgment dated 2019-07-18. Citation: TCN-2019-NCLT-02455. The case involves an application by an Operational Creditor, M/s. Shree Bala Ji Super Foods,…

- **Court:** NCLT
- **Order date:** 18 Jul 2019
- **Citation:** TCN-2019-NCLT-02455
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/young-mind-restaurant-pvt-ltd-ib-967nd2019-a2a2d68e

## Summary

### Background

The case involves an application by an Operational Creditor, M/s. Shree Bala Ji Super Foods, against a Corporate Debtor, M/s. Yong Mind rest Restaurant Pvt. Ltd., under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Operational Creditor claimed that the Corporate Debtor defaulted on payments for the supply of soft drinks and juices. The Corporate Debtor's payments became irregular, leading the Operational Creditor to stop supplies after 2019-01-19. Repeated requests for payment were made, and the Corporate Debtor issued a dishonored cheque of Rs. 3 lakhs. A demand notice under Section 8 of the IBC was issued but not responded to.

## Facts

M/s. Shree Bala Ji Super Foods (Operational Creditor) filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against M/s. Yong Mind rest Restaurant Pvt. Ltd. (Corporate Debtor). The Operational Creditor supplied soft drinks and juices to the Corporate Debtor. The Corporate Debtor's payments became irregular, leading the Operational Creditor to cease supplies after 2019-01-19. The Corporate Debtor issued a cheque of Rs. 3 lakhs, which was dishonored. The Operational Creditor issued a demand notice under Section 8 of the IBC, which was not responded to. The Corporate Debtor did not appear after the issuance of the notice, and the proceedings were conducted ex-parte. The Operational Creditor's submissions remained unrebutted, and there was no

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## Issues and analysis

### Issue 1: Whether the petition filed by the Operational Creditor under Section 9 of the Insolvency and …

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

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**Reasoning:** The court reasoned that the Operational Creditor had provided sufficient evidence to

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**Interpretation:** Section 9 of the IBC is interpreted to provide a mechanism for operational

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**Application:** In this case, the Operational Creditor followed the procedure outlined in

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## Parties

- **Judges:** Ina Mal…; V.K. SUB…
- **Appellants:** M/s. Shree Bala…
- **Respondents:** M/s. Yong Mind…

## Timeline

- **2019-01-19 — Cessation of…**: The Operational Creditor stopped supplying soft drinks and juices to the Corporate Debtor…
- **N/A — Demand Notice…**: The Operational Creditor issued a demand notice under Section 8 of the Insolvency and…

## 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)

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