Vidya Devi Chowdhury Proprietor of BDHCCI Coal Coke Vs Minerals & Metals Enterprises (NCLT Ahmedabad)
NCLT Ahmedabad held that statutory demand notice duly signed by Operational Creditor and served upon Corporate Debtor through advocate is valid in eye of law. Accordingly, Corporate Debtor [Vimla Fuels and Metals Limited] is admitted to CIRP u/s. 9(5) of IBC.
Facts- This Company Petition is filed on 08.05.2025 by the Applicant- Ms. Vidya Devi Chowdhury, Proprietor of BDHCCI Coal Coke Minerals and Metal Enterprises, (Operational Creditor) against the Respondent- Vimla Fuels and Metals Limited (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016 read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 for initiation of Corporate Insolvency Resolution Process (CIRP), to appoint Interim Resolution Professional and declare the moratorium for having defaulted in payment of the outstanding operational debt of 1,43,93,688/- including interest.
Conclusion- Held that the Operational Creditor has established the operational debt and default in payment of the Operational Debt beyond doubt. The objection raised by the Corporate Debtor is without merit and constitutes a mere moonshine defence, advanced only to evade the initiation of insolvency proceedings. The statutory demand notice, having been duly signed by the Operational Creditor herself, and served upon the Corporate Debtor through her advocate acting strictly on her instructions as recorded in the accompanying letter, is valid in the eyes of law. Accordingly, the defence sought to be raised by the Respondent stands rejected.
