# In the matter of Rajprotim Agencies Private Limited CP(IB) No. 97 -KB-2020

> NCLT judgment dated 2022-01-12. Citation: TCN-2022-NCLT-04453. The case involves a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016,…

- **Court:** NCLT
- **Order date:** 12 Jan 2022
- **Citation:** TCN-2022-NCLT-04453
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/rajprotim-agencies-private-limited-cpib-no-97-kb-2020-55458e1d

## Summary

### Background

The case involves a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Jyoti Maheshwari, operating as Unique Security Organisation (Operational Creditor), to initiate Corporate Insolvency Resolution Process (CIRP) against Rajprotim Agencies Private Limited (Corporate Debtor). The Operational Creditor claimed that the Corporate Debtor failed to pay Rs. 81,09,198/- for security services provided. The petition was filed on January 7, 2020.

## Facts

Jyoti Maheshwari, operating as Unique Security Organisation, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against Rajprotim Agencies Private Limited. The Operational Creditor claimed that the Corporate Debtor owed Rs. 81,09,198/- for security services provided. The invoices ranged from December 15, 2017, to June 6, 2019. The last payment received from the Corporate Debtor was on December 21, 2017. A demand notice was issued on December 5, 2019, which the Corporate Debtor received but did not reply to. The Corporate Debtor did not raise any disputes regarding the claim. The petition was filed on January 7, 2020. The Corporate Debtor had waived its right to place a valid

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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(3)(b) requires the Operational Creditor to provide an affidavit stating that no

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**Reasoning:** The court observed that the Operational Creditor had provided the required affidavit and

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**Interpretation:** Section 9 of the IBC outlines the requirements for an operational creditor to

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**Application:** The Operational Creditor fulfilled the requirements of Section 9 by providing

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## Parties

- **Judges:** Rajasekha…; Balraj…
- **Appellants:** Jyoti Mahe…
- **Respondents:** Rajprotim…

## Timeline

- **2020-01-07 — Petition…**: The Operational Creditor, Jyoti Maheshwari, filed a petition under Section 9 of the IBC…
- **2019-12-05 — Demand Notice…**: The Operational Creditor issued a demand notice to the Corporate Debtor under section 8…

## 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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