# 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-04427. M/s. Pattabi Enterprises filed an application under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 18 Jan 2022
- **Citation:** TCN-2022-NCLT-04427
- **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-2021-96ca0337

## Summary

### Background

M/s. Pattabi Enterprises 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. Pattabi Enterprises, an operational creditor, claimed that Trilok Security Systems defaulted on payments amounting to Rs. 11,60,53,177/-, including interest, for goods supplied. Despite serving a demand notice, the corporate debtor did not respond.

## Facts

M/s. Pattabi Enterprises, an operational creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against M/s. Trilok Security Systems India Private Limited, the corporate debtor. Pattabi Enterprises claimed that Trilok Security Systems defaulted on payments of Rs. 11,60,53,177/-, including interest, for goods supplied. Pattabi Enterprises is engaged in the business of printing boxes, lamination boxes, packaging materials, and other allied activities, while Trilok Security Systems is engaged in Biometric Security Solutions using access cards. The corporate debtor engaged the services of the operational creditor for printing access cards. The invoices raised by Pattabi Enterprises were accepted by Trilok Security Systems without dispute,

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## Issues and analysis

### Issue 1: Whether the application filed by the operational creditor, M/s. Pattabi Enterprises, under Section …

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

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**Reasoning:** The court considered that the corporate debtor defaulted on payments amounting to Rs.

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**Interpretation:** Section 9 of the IBC provides a mechanism for operational creditors to recover

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**Application:** Given the default in payment, the lack of response from the corporate debtor,

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## Parties

- **Judges:** TELAPROLU…
- **Appellants:** M/s. Pattabi…
- **Respondents:** M/s. Trilok…
- **Advocates:** Anirudh S…

## Timeline

- **2022-01-18 — Order Da…**: CP No. 75/9/AMR/2021 is admitted; CIRP Commences; Mr. Gopikrishna Byadigera appointed as…

## 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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