# In the matter of Spicejet Limited

> NCLT judgment dated 2024-11-26. Citation: TCN-2024-NCLT-00162. The case involves Alterna Aircraft V B Limited as the applicant (Operational Creditor) and…

- **Court:** NCLT
- **Order date:** 26 Nov 2024
- **Citation:** TCN-2024-NCLT-00162
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/spicejet-limited-cbcc65ab

## Summary

### Background

The case involves Alterna Aircraft V B Limited as the applicant (Operational Creditor) and SpiceJet Limited as the respondent (Corporate Debtor). The matter pertains to Section 9 of the Insolvency and Bankruptcy Code (IBC). The Operational Creditor's counsel is present and has submitted an affidavit as per the order dated 13.09.2024, complying with Section 9(3)(b) of the IBC, 2016. The Corporate Debtor's counsel is also present, acknowledging the advance notice for filing a reply to the petition.

## Facts

Alterna Aircraft V B Limited (Operational Creditor) initiated proceedings against SpiceJet Limited (Corporate Debtor) under Section 9 of the IBC. The Operational Creditor's counsel submitted an affidavit in compliance with a previous order dated 13.09.2024 and Section 9(3)(b) of the IBC. The Corporate Debtor's counsel acknowledged the advance notice and accepted the notice for filing a reply. The court then set a timeline for the Corporate Debtor to file a reply within two weeks and for the Operational Creditor to file a rejoinder within one week thereafter. The matter was listed for further hearing on 20.01.2025. The key facts are the initiation of proceedings under Section 9, compliance with Section 9(3)(b), and the setting of a timeline for further submissions.

## Issues and analysis

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

**Ratio:** Section 9 of the IBC allows an operational creditor to initiate corporate insolvency

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**Reasoning:** The court acknowledged the submission of the affidavit by the Operational Creditor's

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**Interpretation:** Section 9 provides the framework for operational creditors to initiate

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**Application:** The court's acceptance of the affidavit suggests that the initial requirements

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## Parties

- **Judges:** MAHENDRA KHANDELWA…; Sanjeev R…
- **Appellants:** Alterna Aircraft…
- **Respondents:** SpiceJet L…

## Timeline

- **2024-09-13 — Previous…**: An order was issued, in terms of which the Operational Creditor was required to file a…
- **2024-11-26 — Order Del…**: The court directed the Corporate Debtor to file a reply within two weeks and the…

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