# In the matter of Harkar Developers Private Limited

> NCLT judgment dated 2023-07-18. Citation: TCN-2023-NCLT-02465. The case originates from a Company Petition filed under Section 9 of the Insolvency &…

- **Court:** NCLT
- **Order date:** 18 Jul 2023
- **Citation:** TCN-2023-NCLT-02465
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/harkar-developers-private-limited-14fefe88

## Summary

### Background

The case originates from a Company Petition filed under Section 9 of the Insolvency & Bankruptcy Code, 2016 (IBC) by Mr. Ramdeo R. Agarwal, proprietor of M/s. Agarwal Coal Depot (the Operational Creditor), seeking initiation of Corporate Insolvency Resolution Process (CIRP) against Harkar Developers Private Limited (the Corporate Debtor). The petition was filed due to the Corporate Debtor's failure to pay outstanding dues for the supply of coal.

## Facts

Mr. Ramdeo R. Agarwal, operating as M/s. Agarwal Coal Depot, supplied coal to Harkar Developers Private Limited from the financial year 2015-2016 until March 2018. Harkar Developers made delayed payments, with the last payment on 2018-02-26. As of 2020-12-15, the outstanding amount was Rs. 1,89,57,920. Agarwal Coal Depot sent a demand notice on 2020-12-22, which was received by Harkar Developers on 2021-01-12. The outstanding amount as of 2018-03-10 was Rs. 1,12,67,715. The petition was filed on 2021-02-10. The Corporate Debtor did not respond to notices or appear in court. The Operational Creditor provided GST and TCS returns as proof of supply. The debt was more than Rs. 1,00,00,000.

## Issues and analysis

### Issue 1: Whether the Operational Creditor has established the existence of a debt and default on the part of …

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

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**Reasoning:** The court relied on the GST and TCS returns submitted by the Operational Creditor as

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**Interpretation:** The court interpreted Section 9 of the IBC to mean that if sufficient evidence

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**Application:** In this case, the Operational Creditor provided GST and TCS returns, and the

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## Parties

- **Judges:** Prabhat…; KISHORE VEMULAPALL…
- **Appellants:** Ramdeo R. A…
- **Respondents:** Harkar Developers…

## Timeline

- **2015-04-01 — Supply of Coa…**: Agarwal Coal Depot started supplying coal…
- **2018-03-01 — Supply of Co…**: Agarwal Coal Depot stopped supplying coal…

## 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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