# In the matter of Trilok Systems India Private Limited CP (IB) No. 75-9-AMR-2021

> NCLT judgment dated 2022-01-18. Citation: TCN-2022-NCLT-04431. M/s. Pattabi Enterprises, an operational creditor, filed an application under Section 9 of the…

- **Court:** NCLT
- **Order date:** 18 Jan 2022
- **Citation:** TCN-2022-NCLT-04431
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/trilok-systems-india-private-limited-cp-ib-no-75-9-amr-2021-7132c435

## Summary

### Background

M/s. Pattabi Enterprises, an operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of the Corporate Insolvency Resolution Process (CIRP) against M/s. Trilok Security Systems India Private Limited, the corporate debtor, due to a default in payment of Rs. 11,60,53,177/-. The operational creditor claimed that the corporate debtor defaulted in making payments for invoices raised against goods supplied. Despite serving notice, the corporate debtor did not appear before the tribunal.

## Facts

M/s. Pattabi Enterprises, an operational creditor, engaged in the business of printing boxes, lamination boxes, packaging materials, and other allied activities, supplied goods to M/s. Trilok Security Systems India Private Limited, a corporate debtor engaged in the business of Biometric Security Solutions using access cards. The corporate debtor defaulted in making payment of Rs. 11,60,53,177/- which includes interest towards invoices raised against the goods supplied. The operational creditor issued a statutory demand notice to the corporate debtor, but the corporate debtor did not respond. The operational creditor filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of the Corporate Insolvency Resolution Process (CIRP)

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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 tribunal noted that the corporate debtor had defaulted in making payment of Rs.

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

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**Application:** In this case, the operational creditor, M/s. Pattabi Enterprises, had followed

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## Parties

- **Judges:** TELAPROLU…
- **Appellants:** Parrabhi Enterpris…
- **Respondents:** Trilok Security…

## Timeline

- **2022-01-18 — Order Da…**: CP No. 75/9/AMR/2021 is…

## 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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