# In the matter of Gorgeous Skin Private Limited CP No. 3457-IBC-MB-2019

> NCLT judgment dated 2022-11-11. Citation: TCN-2022-NCLT-00481. The case involves a Company Petition filed by Trig Detective Pvt. Ltd. (Operational Creditor)…

- **Court:** NCLT
- **Order date:** 11 Nov 2022
- **Citation:** TCN-2022-NCLT-00481
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/gorgeous-skin-private-limited-cp-no-3457-ibc-mb-2019-09d19f9d

## Summary

### Background

The case involves a Company Petition filed by Trig Detective Pvt. Ltd. (Operational Creditor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against Gorgeous Skin Private Limited (Corporate Debtor). The Operational Creditor alleges that the Corporate Debtor defaulted in making payments for security services provided over seventeen months, based on an agreement dated 01.01.2016.

## Facts

Trig Detective Pvt. Ltd. (Operational Creditor) filed a petition to initiate Corporate Insolvency Resolution Process (CIRP) against Gorgeous Skin Private Limited (Corporate Debtor) due to non-payment of dues. The outstanding amount was Rs. 20,41,307/-, including a principal amount of Rs. 12,69,125/- and interest of Rs. 7,72,182/-, accruing at 24%. The debt arose from security services provided by the Operational Creditor to the Corporate Debtor over seventeen months, as per an agreement dated 01.01.2016. The Operational Creditor sent a demand letter on 01.06.2017 and subsequent reminders. The Corporate Debtor acknowledged the debt but cited financial difficulties in letters dated 18.10.2017 and 12.08.2017. The Corporate Debtor failed to clear the dues, leading to the

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## Issues and analysis

### Issue 1: Whether the Company Petition filed by the Operational Creditor satisfies the necessary legal …

**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 successfully demonstrated and proved

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**Interpretation:** Section 9 provides the mechanism for operational creditors to initiate CIRP

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**Application:** In this case, the Operational Creditor provided evidence of the debt, the

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## Parties

- **Judges:** P.N. Des…; Shyam Babu…
- **Appellants:** Trig Detective…
- **Respondents:** Gorgeous Skin…

## Timeline

- **2016-01-01 — Agreement…**: Date of the agreement between the Operational Creditor and the Corporate Debtor for…
- **2017-06-01 — Demand L…**: The Operational Creditor sent a letter…

## 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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