# In the matter of Khati Solutions Private Limited

> NCLT judgment dated 2023-11-09. Citation: TCN-2023-NCLT-00805. The case involves an application filed by Evlion Technologies Private Limited, the Operational…

- **Court:** NCLT
- **Order date:** 9 Nov 2023
- **Citation:** TCN-2023-NCLT-00805
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/khati-solutions-private-limited-e504d817

## Summary

### Background

The case involves an application filed by Evlion Technologies Private Limited, the Operational Creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of the Corporate Insolvency Resolution Process (CIRP) against Khati Solutions Private Limited, the Corporate Debtor, due to a default of Rs. 1,00,36,380/-. The Operational Creditor is a manufacturer of lithium batteries, and the Corporate Debtor approached them for the supply of goods, including lithium batteries. A vendor agreement was signed on 18.11.2021, outlining payment terms: 20% in advance, 77% before dispatch, and 3% for warranty costs. The Corporate Debtor issued a purchase order for 500 units of lithium battery packs. The Operational Creditor supplied 250 units, for which the

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## Facts

Evlion Technologies Private Limited (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Khati Solutions Private Limited (Corporate Debtor) due to a default of Rs. 1,00,36,380/-. The Operational Creditor is a manufacturer of lithium batteries. The Corporate Debtor approached the Operational Creditor for the supply of lithium batteries, leading to a vendor agreement signed on 18.11.2021. The agreement stipulated payment terms: 20% advance, 77% before dispatch, and 3% for warranty. The Corporate Debtor issued purchase order no. 946, dated 25.11.2021, for 500 units of lithium battery packs. The Operational Creditor supplied 250 units, for which the Corporate Debtor paid as per the vendor agreement. The

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor under Section 9 of the Insolvency and …

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

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**Reasoning:** The Adjudicating Authority considered the documents and submissions made by the

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**Interpretation:** Section 9 provides a mechanism for operational creditors to recover their dues

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**Application:** The Adjudicating Authority found that the Operational Creditor had met the

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## Parties

- **Judges:** SHRI. BACHU…; SHRI. RAHUL…
- **Appellants:** M/s. Evlion…
- **Respondents:** M/s. Khati…

## Timeline

- **2021-11-18 — Vendor Agreeme…**: A vendor agreement was signed between Evlion Technologies Private Limited and Khati…
- **2021-11-25 — Purchase Orde…**: Khati Solutions Private Limited issued purchase order no. 946 for 500 units of lithium…

## 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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