# In the matter of INSTAMEDICO AND IT SERVICES PRIVATE LIMITED(OPC)

> NCLT judgment dated 2025-05-22. Citation: TCN-2025-NCLT-00054. M/s Diamond Trading Co. filed a petition under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 22 May 2025
- **Citation:** TCN-2025-NCLT-00054
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/instamedico-and-it-services-private-limitedopc-13498134

## Summary

### Background

M/s Diamond Trading Co. filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of Corporate Insolvency Resolution Process (CIRP) against M/s Instamedico and IT Services Pvt. Ltd. (OPC). The petitioner claimed that the corporate debtor defaulted on payments for granite slabs purchased on credit. The operational debt amounted to Rs. 15,09,577/- including principal and interest at 18% P.A.

## Facts

M/s Diamond Trading Co. (Operational Creditor) filed a petition against M/s Instamedico and IT Services Pvt. Ltd. (OPC) (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of CIRP. The Corporate Debtor had issued purchase orders for granite slabs between 2018-04-05 and 2018-04-17. The Operational Creditor supplied the goods on credit, with payment due within 7 days of the invoice date. Three invoices were raised on 2018-04-05, 2018-04-07, and 2018-04-17, totaling Rs. 15,09,577/-. The Corporate Debtor failed to clear the invoices, leading to a demand notice issued on 2018-04-16 under Section 8 of the Code. The Corporate Debtor allegedly avoided service of the demand notice. The Respondent claimed it acted as an intermediary

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## Issues and analysis

### Issue 1: Whether the petition filed by the Operational Creditor is in accordance with the provisions of the …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, outlines the requirements for

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**Reasoning:** The court perused the petition and found that it was filed in accordance with the Code.

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**Interpretation:** The court interpreted Section 9 to mean that if the operational creditor

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**Application:** The court applied the ratio to the facts and found that the petitioner had

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## Parties

- **Judges:** Reeta K…; Kavita Bha…
- **Appellants:** M/S DIAMOND…
- **Respondents:** M/S INSTAMEDICO…

## Timeline

- **2018-04-05 — Invoice…**: Invoice raised by M/s Diamond…
- **2018-04-07 — Invoice…**: Invoice raised by M/s Diamond…

## 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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