# In the matter of Kalinga Commercial Corporation Limited CP (IB) No. 11-CB-2021

> NCLT judgment dated 2022-04-19. Citation: TCN-2022-NCLT-03204. Sahajanand Marketing Private Limited filed an application under Section 9 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 19 Apr 2022
- **Citation:** TCN-2022-NCLT-03204
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/kalinga-commercial-corporation-limited-cp-ib-no-11-cb-2021-bb2efa13

## Summary

### Background

Sahajanand Marketing Private Limited filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against Kalinga Commercial Corporation Limited, claiming a default of ₹1,96,96,948/-. The applicant, an operational creditor, alleged continuous supply of services to the corporate debtor from August 31, 2015, to January 31, 2018, with outstanding invoices. A demand notice was sent on 01.12.2020.

## Facts

Sahajanand Marketing Private Limited (SMPL) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Kalinga Commercial Corporation Limited (KCCL) for initiating Corporate Insolvency Resolution Process (CIRP) due to an alleged operational debt of ₹1,96,96,948/-. SMPL claimed to have provided continuous services to KCCL from August 31, 2015, to January 31, 2018, issuing invoices totaling ₹7,11,05,687/-, while receiving ₹5,32,02,098/-. A demand notice was sent on 01.12.2020. KCCL contested the claim, alleging pre-existing disputes, inflated bills, and inconsistencies in SMPL's ledger accounts. KCCL claimed that SMPL owed them ₹78,75,157 as per an agreement dated January 27, 2018. KCCL also argued that SMPL's claim of transporting

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## Issues and analysis

### Issue 1: Whether the application for initiating Corporate Insolvency Resolution Process (CIRP) under Section …

**Ratio:** The maintainability of an application under Section 9 of the IBC depends on the existence

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**Reasoning:** The Tribunal found that the operational creditor failed to provide sufficient evidence to

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**Interpretation:** The Tribunal interpreted the provisions of Section 9 of the IBC to require the

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**Application:** In this case, the Tribunal found that the operational creditor failed to

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## Parties

- **Judges:** P. Moha…; Satya Ranjan…
- **Appellants:** Sahajanand…
- **Respondents:** Kalinga Commercial…
- **Advocates:** Sagar T…; Piyush Lu…; +1 more

## Timeline

- **2020-12-01 — Demand N…**: Demand Notice was sent by the applicant to the…
- **2021-07-20 — Tribunal…**: Time was granted to the counsel for…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 5(21) — Definitions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-5)

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