# In the matter of Birla Tyres Limited C.P. (IB) No. 250-KB-2021

> NCLT judgment dated 2022-05-05. Citation: TCN-2022-NCLT-04838. SRF Limited, an Operational Creditor, filed a petition under Section 9 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 5 May 2022
- **Citation:** TCN-2022-NCLT-04838
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-kolkata/birla-tyres-limited-cp-ib-no-250-kb-2021-66da4856

## Summary

### Background

SRF Limited, an Operational Creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Birla Tyres Limited, the Corporate Debtor, due to unpaid operational debt.

## Facts

SRF Limited (Operational Creditor) filed CP (IB) No. 250/KB/2021 under Section 9 of the IBC against Birla Tyres Limited (Corporate Debtor).

The Operational Creditor served a notice under Section 8(1) of the Code on the Corporate Debtor on 23 July 2021.

The Corporate Debtor did not reply to the Section 8 notice.

The demand/invoice under Section 9(3)(a) of the Code was for Rs. 15,84,53,695.75, including principal and interest.

The Corporate Debtor admitted to owing Rs. 10.18 Crore to the Operational Creditor via an email dated 3-06-2020.

The Corporate Debtor proposed a payment plan to the Operational Creditor via email dated 19-06-2020.

The last payment made by the Corporate Debtor to the Operational Creditor was Rs. 10,00,000 on 31-10-2020.

…

## Issues and analysis

### Issue 1: Whether the application under Section 9 of the Insolvency and Bankruptcy Code, 2016 is complete and …

**Ratio:** The application is complete as the notice under Section 8(1) was served, a demand/invoice

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**Reasoning:** The Adjudicating Authority observed that the Operational Creditor had complied with the

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**Interpretation:** The requirements under Section 9 of the Code are mandatory for the admission of

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**Application:** The Adjudicating Authority found that the Operational Creditor had fulfilled

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## Parties

- **Judges:** Rohit K…; Harish Chander…; +1 more
- **Appellants:** SRF Lim…
- **Respondents:** Birla Tyres…
- **Other parties:** Seikh Abdul…
- **Advocates:** Meenakshi…; Iram Ha…; +3 more

## Timeline

- **2021-10-20 — Notice to Corporate…**: Adjudicating Authority issued a notice to…
- **2021-10-25 — Notice Re…**: The notice was received by the Corporate Debtor on 25 October, 2021 and by e-mail on 22…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8(1) — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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