# In the matter of Benchmark Supply Chain Solutions private Limited (IB)-223(ND)2020

> NCLT judgment dated 2022-05-17. Citation: TCN-2022-NCLT-02733. M/s. D. Light Energy Private Limited, the operational creditor, filed a petition under Section…

- **Court:** NCLT
- **Order date:** 17 May 2022
- **Citation:** TCN-2022-NCLT-02733
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/benchmark-supply-chain-solutions-private-limited-ib-223nd2020-f4554684

## Summary

### Background

M/s. D. Light Energy Private Limited, the operational creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s. Benchmark Supply Chain Solutions Private Limited, the corporate debtor, due to unpaid operational debt. The corporate debtor and operational creditor had business relations and the corporate debtor had approached the operational creditor for various solar products and solar home appliances. The operational creditor supplied these products against invoices raised. The corporate debtor admitted to a debt of Rs. 1,12,96,630 in a letter dated 20.03.2019 and assured payment by 30th April 2019, but failed to make the payment. The operational creditor

…

## Facts

M/s. D. Light Energy Private Limited (Operational Creditor) and M/s. Benchmark Supply Chain Solutions Private Limited (Corporate Debtor) had a business relationship. In 2018, the Corporate Debtor approached the Operational Creditor for solar products and home appliances. The Operational Creditor supplied these products against invoices. As of 31.03.2019, invoices totaling Rs. 1,10,90,977 remained unpaid. On 20.03.2019, the Corporate Debtor admitted in writing to a debt of Rs. 1,12,96,630 and assured payment by 30.04.2019, but failed to pay. The total operational debt, including 18% interest, amounted to Rs. 1,29,12,498 as of 06.01.2020. The Operational Creditor sent a demand notice on 27.11.2019 under Section 8 of the IBC, but the Corporate Debtor did not reply. The

…

## Issues and analysis

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

**Ratio:** Section 9(5) of the IBC states that the Adjudicating Authority shall, within fourteen

…

**Reasoning:** The court reasoned that the Corporate Debtor admitted the default in payment of the

…

**Interpretation:** Section 9 of the IBC allows an operational creditor to initiate CIRP against a

…

**Application:** The court applied the ratio to the facts by noting that the Corporate Debtor

…

## Parties

- **Judges:** Sh. Abni Ranjan…; SH. L. N.…
- **Appellants:** M/s. D. Light…
- **Respondents:** M/s. Benchmark…

## Timeline

- **2018-01-01 — Corporate Debtor…**: The Corporate Debtor approached the Operational Creditor for supply of various solar…
- **2019-03-31 — Invoices Remain…**: Invoices totaling Rs. 1,10,90,977/-…

## 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)

---

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-division-bench-court-i-chenn/benchmark-supply-chain-solutions-private-limited-ib-223nd2020-f4554684