# In the matter of Trn Energy Private Limited

> NCLT judgment dated 2024-07-23. Citation: TCN-2024-NCLT-00971. The case pertains to an application filed under Section 9 of the IBC CIRP before the National…

- **Court:** NCLT
- **Order date:** 23 Jul 2024
- **Citation:** TCN-2024-NCLT-00971
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/trn-energy-private-limited-a900b04e

## Summary

### Background

The case pertains to an application filed under Section 9 of the IBC CIRP before the National Company Law Tribunal (NCLT), New Delhi. The applicant, M/s. Natraaj Transport, has served the non-applicants as per the order dated 13.06.2024 and filed proof of service. The counsel for the non-applicant corporate debtor, M/s. TRN Energy Pvt. Ltd., is present and has requested time to file a reply to the application.

## Facts

M/s. Natraaj Transport, the applicant, initiated proceedings under Section 9 of the IBC CIRP against M/s. TRN Energy Pvt. Ltd., the corporate debtor. The applicant served the non-applicants as per the order dated 13.06.2024 and provided proof of service. The corporate debtor's counsel requested additional time to file a reply to the application. Non-Applicant No. 3 was not represented during the hearing. The court granted the corporate debtor 10 days to file a reply and adjourned the hearing to 02.09.2024. The key facts are the initiation of proceedings under Section 9, the service of notice, the request for time to reply, and the adjournment of the hearing.

## Issues and analysis

### Issue 1: Whether the applicant has properly served the non-applicants as required under Section 9 of the IBC …

**Ratio:** The principle is that proper service of notice is a prerequisite for initiating

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**Reasoning:** The court noted that the applicant had filed proof of service, indicating compliance with

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**Interpretation:** The interpretation of Section 9 requires strict adherence to the procedural

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**Application:** In this case, the applicant's filing of proof of service demonstrates that they

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## Parties

- **Judges:** MAHENDRA KHANDELWA…; Sanjeev R…
- **Appellants:** M/s Natraaj…
- **Respondents:** M/s TRN Energy…

## Timeline

- **2024-06-13 — Order Da…**: Order issued to serve…
- **2024-07-23 — Hearing…**: Hearing held; Corporate Debtor…

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