# In the matter of Auctus Town Planners Pvt. Ltd.

> NCLT judgment dated 2026-01-14. Citation: TCN-2026-NCLT-00014. The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 14 Jan 2026
- **Citation:** TCN-2026-NCLT-00014
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-new-delhi/auctus-town-planners-pvt-ltd-8b948a66

## Summary

### Background

The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 by Khandelwal Group Private Limited (Operational Creditor) against Actus Town Planners Pvt. Limited (Corporate Debtor) for initiating the Corporate Insolvency Resolution Process (CIRP).

## Facts

Khandelwal Group Private Limited (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 against Actus Town Planners Pvt. Limited (Corporate Debtor).

The Operational Creditor claimed an amount of Rs.8,20,045/- based on an invoice raised on 9th October, 2017.

The Corporate Debtor made payments through three cheques, but one cheque of 7th November, 2017 was stopped on 13th November, 2017.

The Operational Creditor sent a notice under Section 8 on 26.4.2019 demanding the payment of Rs.8,20,045/-, to which no reply was given.

The Corporate Debtor raised objections regarding discrepancies in the invoice and non-receipt of notice under Section 8 of IBC.

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## Issues and analysis

### Issue 1: Whether the Operational Creditor has fulfilled all the requirements under Section 9 of the …

**Ratio:** Yes, the Operational Creditor has

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**Reasoning:** The court found that the Operational Creditor had submitted sufficient evidence to prove

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**Interpretation:** The court interpreted the provisions of Section 9 of the IBC, 2016 to mean that

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**Application:** The court applied the provisions of Section 9 of the IBC, 2016 to the facts of

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## Parties

- **Judges:** Ch. Mohd Sharief…; SUMITAPURKA…
- **Appellants:** Khandelwal Group…
- **Respondents:** Actus Town…
- **Other parties:** Tejas P…
- **Advocates:** Ashish M…; Rakesh Ja…

## Timeline

- **2020-01-14 — Order Del…**: Order delivered on 14th…

## 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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