# In the matter of D B Group India Private Limited CP (IB) 973-MB-C-I-2019

> NCLT judgment dated 2022-09-23. Citation: TCN-2022-NCLT-00949. The case involves a petition filed by Ravindra Hirasingh Rawat, the Operational Creditor, under…

- **Court:** NCLT
- **Order date:** 23 Sept 2022
- **Citation:** TCN-2022-NCLT-00949
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/d-b-group-india-private-limited-cp-ib-973-mb-c-i-2019-cffc5ceb

## Summary

### Background

The case involves a petition filed by Ravindra Hirasingh Rawat, the Operational Creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, r/w Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, seeking initiation of Corporate Insolvency Resolution Process (CIRP) against D B Group India Private Limited, the Corporate Debtor. The Operational Creditor claimed a total debt of Rs. 43,00,000/- with the date of default being 21.04.2018. The Operational Creditor was appointed as a Senior Manager - Finance & Administration with the Corporate Debtor w.e.f. 06.12.2006 and was later promoted to General Manager - India. After resigning on 22.01.2018, the Operational Creditor alleged non-payment of dues, including salary and

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## Facts

Ravindra Hirasingh Rawat, the Operational Creditor, filed a petition under Section 9 of the IBC against D B Group India Private Limited, the Corporate Debtor, claiming a debt of Rs. 43,00,000/- with a default date of 21.04.2018. Rawat was employed by the Corporate Debtor as a Senior Manager - Finance & Administration from 06.12.2006 and later promoted to General Manager - India. He resigned on 22.01.2018. Following his resignation, Rawat alleged that the Corporate Debtor failed to pay his outstanding salary and amounts agreed upon in a Non-Disclosure Agreement (NDA) dated 22.01.2018. The Corporate Debtor made several payments to Rawat between 21.02.2018 and 27.10.2018, including salary, gratuity, and bonus. Rawat issued a statutory Form 3 Demand Notice dated

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor is in default of a debt …

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

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**Reasoning:** The NCLT found that the Corporate Debtor had failed to comply with the terms of Clause

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**Interpretation:** The interpretation of 'default' under Section 9 of the IBC is crucial. The

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**Application:** In this case, the NCLT determined that the Corporate Debtor was in default

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## Parties

- **Judges:** P.N. Des…; Shyam Babu…
- **Appellants:** Ravindra Hirasingh…
- **Respondents:** D B Group India…

## Timeline

- **2006-12-06 — Appointment of…**: Ravindra Hirasingh Rawat was appointed as a Senior Manager - Finance & Administration…
- **2016-04-01 — Promotion of Operational…**: The Corporate Debtor promoted the Operational Creditor to the post of General Manager -…

## 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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