# In the matter of Vishal Lakto India Limited CP (IB) No.25-Chd-HRY-2019

> NCLT judgment dated 2022-10-31. Citation: TCN-2022-NCLT-00582. The case originates from a petition filed by Naveen Malhotra, an operational creditor, under…

- **Court:** NCLT
- **Order date:** 31 Oct 2022
- **Citation:** TCN-2022-NCLT-00582
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/vishal-lakto-india-limited-cp-ib-no25-chd-hry-2019-596e9e92

## Summary

### Background

The case originates from a petition filed by Naveen Malhotra, an operational creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate the Corporate Insolvency Resolution Process (CIRP) against Vishal Lakto India Limited, the corporate debtor. The operational creditor, an advocate, claimed an unpaid operational debt of Rs. 3,10,000 for professional services rendered. Despite repeated reminders, the corporate debtor failed to clear the outstanding amount. A demand notice was issued, and subsequently, the petition was filed after the corporate debtor failed to make the payment. The corporate debtor initially did not file a reply, leading to an ex-parte order. Later, the corporate debtor sought to set aside the ex-parte order, which was

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## Facts

Naveen Malhotra, an advocate, provided professional services to Vishal Lakto India Limited. An invoice for Rs. 3,10,000 was raised on 2017-04-11 for these services. Despite telephonic reminders, Vishal Lakto India Limited failed to pay the outstanding amount. A demand notice was sent on 2018-08-27 and delivered on 2018-11-02. The petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 was filed on 2018-12-10. Vishal Lakto India Limited initially failed to file a reply, leading to an ex-parte order on 2020-02-14. The ex-parte order was set aside on 2022-02-14, and Vishal Lakto India Limited was allowed to file a reply. On 2022-08-29, the counsel for Vishal Lakto India Limited admitted the claim but failed to file a hard copy of the reply. The corporate

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## Issues and analysis

### Issue 1: Whether the demand notice dated …

**Ratio:** A demand notice is considered properly served if it is sent to the registered address of

…

**Reasoning:** The court noted that the demand notice was sent to the registered address of the

…

**Interpretation:** The interpretation of proper service involves verifying the address used for

…

**Application:** In this case, the demand notice was sent to the registered address of Vishal

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## Parties

- **Judges:** Harnam Singh…; SUBRATA KUM…
- **Appellants:** Naveen Ma…
- **Respondents:** Vishal Lakto…

## Timeline

- **1992-01-28 — Incorporation of…**: Vishal Lakto India Limited was…
- **2017-04-11 — Invoice…**: Invoice for Rs. 3,10,000 was…

## 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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