# In the matter of Hudli And Sons Metallics Pvt. Ltd. C.P. (IB)-4114 (MB)- 2019

> NCLT judgment dated 2022-06-03. Citation: TCN-2022-NCLT-02439. Bhartia Petro, the Operational Creditor, filed a Company Petition under Section 9 of the…

- **Court:** NCLT
- **Order date:** 3 Jun 2022
- **Citation:** TCN-2022-NCLT-02439
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/hudli-and-sons-metallics-pvt-ltd-cp-ib-4114-mb-2019-ff7ebf60

## Summary

### Background

Bhartia Petro, the Operational Creditor, filed a Company Petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against Hudli And Sons Metallics Pvt. Ltd., the Corporate Debtor. The Operational Creditor alleged that the Corporate Debtor defaulted in making payments for products supplied.

## Facts

Bhartia Petro (Operational Creditor) filed a petition against Hudli And Sons Metallics Pvt. Ltd. (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, for initiating CIRP due to a payment default. The Corporate Debtor approached the Operational Creditor for 'BP Coat 2015' products, which were supplied from April 9, 2018, to February 7, 2019. The Operational Creditor raised 10 invoices during this period. The Corporate Debtor defaulted on a total sum of Rs. 3,15,352/- since May 8, 2019, the due date of the last invoice. A demand notice was sent on March 26, 2019, under Section 8 of the IBC, but the Corporate Debtor did not reply. The Corporate Debtor also failed to appear before the Tribunal despite notice, leading to an ex-parte order on

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## Issues and analysis

### Issue 1: Whether the Company Petition filed by the Operational Creditor is admissible under Section 9 of the …

**Ratio:** The legal principle applied is that under Section 9 of the Insolvency and Bankruptcy

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**Reasoning:** The court reasoned that the Operational Creditor successfully demonstrated the debt and

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

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

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## Parties

- **Judges:** P.N. Des…; Shyam Babu…
- **Appellants:** Bhartia…
- **Respondents:** Hudli And Sons…
- **Advocates:** Piyush…

## Timeline

- **2018-04-09 — Supply of P…**: The Operational Creditor supplied 'BP Coat…
- **2019-02-07 — End of Produc…**: The Operational Creditor stopped supplying 'BP Coat 2015' products to the Corporate…

## 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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