
BEFORE THE HON'BLE NATIONAL COMPANY LAW TRIBUNAL

[BENCH NAME] BENCH

CP (IB) NO. __________ / [BENCH CODE] / 20__

IN THE MATTER OF:

INSOLVENCY AND BANKRUPTCY CODE, 2016

AND

IN THE MATTER OF:

[Name of Operational Creditor]
[Registered Address]
[CIN if applicable]                                   ...Applicant/Operational Creditor

Versus

[Name of Corporate Debtor]
[Registered Address as per MCA]
CIN: ________________________                        ...Respondent/Corporate Debtor

---

APPLICATION 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

TO,
THE HON'BLE NATIONAL COMPANY LAW TRIBUNAL
[BENCH NAME] BENCH

The Humble Application of the Applicant/Operational Creditor above named

MOST RESPECTFULLY SHOWETH:

## PART I — DETAILS OF THE APPLICANT

1. Name of the Operational Creditor: [Full Legal Name]

2. Registered Address: [Full registered address]

3. CIN / Registration Number (if applicable): _______________

4. Nature of Business: [Brief description — supplier / service provider / contractor etc.]

5. The Applicant/Operational Creditor is represented by its authorised representative [Name], authorised vide Board Resolution dated [DATE], a copy of which is annexed as **Annexure A-1**.

## PART II — DETAILS OF THE CORPORATE DEBTOR

6. Name of the Corporate Debtor: [Full Legal Name as per MCA]

7. Registered Office Address (as per MCA): [Address]

8. CIN: _______________

9. Nature of Business of Corporate Debtor: [Brief description]

## PART III — DETAILS OF THE OPERATIONAL DEBT AND DEFAULT

10. **Nature of the Operational Debt:** The operational debt arises from [supply of goods / rendering of services / employment dues] under an agreement/contract/purchase order dated [DATE] entered into between the Applicant and the Corporate Debtor, a copy of which is annexed as **Annexure A-2**.

11. **Total Amount of Operational Debt:**

    | Head | Amount (₹) |
    |------|-----------|
    | Principal / Service Charges | ₹ _______________ |
    | Applicable GST | ₹ _______________ |
    | Interest @ ___% p.a. from [DATE] | ₹ _______________ |
    | **Total** | **₹ _______________** |

12. **Details of Default:**

    (a) The Applicant [supplied goods / rendered services] to the Corporate Debtor as per the invoices/bills annexed as **Annexure A-3 (Colly)**.

    (b) The total amount payable as per the said invoices was ₹ _______________.

    (c) Out of the aforesaid amount, the Corporate Debtor has paid ₹ _______________, leaving a balance of ₹ _______________ (Rupees ___________ only) as unpaid and outstanding.

    (d) Despite repeated requests and follow-ups, the Corporate Debtor has failed and neglected to make payment of the outstanding dues.

    (e) The date of default is [DATE — the date the debt first became payable and was not paid].

13. That the total outstanding operational debt as on the date of filing of this application is ₹ _______________ (Rupees ___________ only), which is in excess of ₹ 1,00,00,000/- (Rupees One Crore), being the minimum threshold prescribed under Section 4 of the IBC read with the Government Notification dated 24.03.2020.

## PART IV — DEMAND NOTICE AND RESPONSE

14. That the Applicant issued a Demand Notice under Section 8(1) of the IBC in the prescribed Form 3 on [DATE], which was duly served upon the Corporate Debtor at its registered address by [Speed Post / RPAD / Email] on [DATE]. A copy of the Demand Notice along with proof of service is annexed as **Annexure A-4**.

15. That as on the date of filing of this Application, 10 (ten) days have elapsed from the date of receipt of the Demand Notice by the Corporate Debtor.

16. That the Corporate Debtor has neither made payment of the outstanding operational debt nor has raised any dispute regarding the existence of the operational debt within 10 days of receipt of the Demand Notice.

    **[OR, if a response was received:]**

    That the Corporate Debtor vide its reply dated [DATE] has raised certain frivolous and untenable objections, which do not constitute a "dispute" within the meaning of Section 5(6) of the IBC, for the following reasons: [reasons why the objection is not a genuine pre-existing dispute].

## PART V — NAME OF PROPOSED IRP

17. The Applicant proposes the appointment of the following Insolvency Resolution Professional as the Interim Resolution Professional (IRP):

    Name: _______________
    Registration No.: _______________
    Address: _______________
    
    A copy of the written consent of the proposed IRP in Form AA is annexed as **Annexure A-5**.

## PART VI — GROUNDS

18. The present application is maintainable and deserves to be admitted on the following grounds:

    (a) The Applicant is an "Operational Creditor" within the meaning of Section 5(20) of the IBC as the debt arises from the supply of goods/services to the Corporate Debtor.

    (b) The amount in default is in excess of the threshold prescribed under Section 4 of the IBC.

    (c) The Demand Notice under Section 8(1) of the IBC was duly served on the Corporate Debtor and the 10-day period has elapsed.

    (d) No payment has been made and no genuine pre-existing dispute exists.

    (e) The Corporate Debtor is a company incorporated under the Companies Act, 2013 and falls within the definition of "Corporate Debtor" under Section 3(8) of the IBC.

## PART VII — PRAYER

In view of the foregoing, it is most respectfully prayed that this Hon'ble Tribunal may be pleased to:

(a) Admit the present Application under Section 9 of the Insolvency and Bankruptcy Code, 2016;

(b) Declare a moratorium in terms of Section 14 of the IBC;

(c) Appoint [Name of proposed IRP] as the Interim Resolution Professional;

(d) Direct the proposed IRP to cause a public announcement as per Section 15 of the IBC;

(e) Pass such other and further orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS, THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.

---

FILED BY:

(Name of Advocate)
Advocate for the Applicant
Enrolment No.: ____________

Drawn by: ____________
Filed on: ____________

---

## VERIFICATION / AFFIDAVIT

I, [Name of Authorised Signatory], [Designation] of [Name of Operational Creditor], having its registered office at [Address], being duly authorised to swear this affidavit vide Board Resolution dated [DATE], do hereby solemnly affirm and state as under:

1. That I am acquainted with the facts of this Application and am competent to swear this affidavit.

2. That the contents of the Application under Section 9 of the IBC are true and correct to the best of my knowledge and belief.

3. That the copies of documents and Annexures filed along with this Application are true copies of their respective originals.

4. That the Applicant has not filed any other petition/application before any court or authority seeking initiation of CIRP against the Corporate Debtor except the present application.

**DEPONENT**

**VERIFICATION:**

Verified at __________ on this ___ day of _______, 20__.

**DEPONENT**


BEFORE THE HON'BLE NATIONAL COMPANY LAW TRIBUNAL
[BENCH NAME] BENCH
CP (IB) NO. __________ / [BENCH CODE] / 20__
IN THE MATTER OF:
INSOLVENCY AND BANKRUPTCY CODE, 2016
AND
IN THE MATTER OF:
[Name of Operational Creditor]
[Registered Address]
[CIN if applicable] ...Applicant/Operational Creditor
Versus
[Name of Corporate Debtor]
[Registered Address as per MCA]
CIN: ________________________ ...Respondent/Corporate Debtor
<hr>
APPLICATION 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
TO,
THE HON'BLE NATIONAL COMPANY LAW TRIBUNAL
[BENCH NAME] BENCH
The Humble Application of the Applicant/Operational Creditor above named
MOST RESPECTFULLY SHOWETH:
<h2>PART I — DETAILS OF THE APPLICANT</h2>
<ol>
<li>
Name of the Operational Creditor: [Full Legal Name]
</li>
<li>
Registered Address: [Full registered address]
</li>
<li>
CIN / Registration Number (if applicable): _______________
</li>
<li>
Nature of Business: [Brief description — supplier / service provider / contractor etc.]
</li>
<li>
The Applicant/Operational Creditor is represented by its authorised representative [Name], authorised vide Board Resolution dated [DATE], a copy of which is annexed as Annexure A-1.
</li>
</ol>
<h2>PART II — DETAILS OF THE CORPORATE DEBTOR</h2>
<ol start="6">
<li>
Name of the Corporate Debtor: [Full Legal Name as per MCA]
</li>
<li>
Registered Office Address (as per MCA): [Address]
</li>
<li>
CIN: _______________
</li>
<li>
Nature of Business of Corporate Debtor: [Brief description]
</li>
</ol>
<h2>PART III — DETAILS OF THE OPERATIONAL DEBT AND DEFAULT</h2>
<ol start="10">
<li>
Nature of the Operational Debt: The operational debt arises from [supply of goods / rendering of services / employment dues] under an agreement/contract/purchase order dated [DATE] entered into between the Applicant and the Corporate Debtor, a copy of which is annexed as Annexure A-2.
</li>
<li>
Total Amount of Operational Debt:
| Head | Amount (₹) |
|------|-----------|
| Principal / Service Charges | ₹ _______________ |
| Applicable GST | ₹ _______________ |
| Interest @ ___% p.a. from [DATE] | ₹ _______________ |
| Total | ₹ _______________ |
</li>
<li>
Details of Default:
(a) The Applicant [supplied goods / rendered services] to the Corporate Debtor as per the invoices/bills annexed as Annexure A-3 (Colly).
(b) The total amount payable as per the said invoices was ₹ _______________.
(c) Out of the aforesaid amount, the Corporate Debtor has paid ₹ _______________, leaving a balance of ₹ _______________ (Rupees ___________ only) as unpaid and outstanding.
(d) Despite repeated requests and follow-ups, the Corporate Debtor has failed and neglected to make payment of the outstanding dues.
(e) The date of default is [DATE — the date the debt first became payable and was not paid].
</li>
<li>
That the total outstanding operational debt as on the date of filing of this application is ₹ _______________ (Rupees ___________ only), which is in excess of ₹ 1,00,00,000/- (Rupees One Crore), being the minimum threshold prescribed under Section 4 of the IBC read with the Government Notification dated 24.03.2020.
</li>
</ol>
<h2>PART IV — DEMAND NOTICE AND RESPONSE</h2>
<ol start="14">
<li>
That the Applicant issued a Demand Notice under Section 8(1) of the IBC in the prescribed Form 3 on [DATE], which was duly served upon the Corporate Debtor at its registered address by [Speed Post / RPAD / Email] on [DATE]. A copy of the Demand Notice along with proof of service is annexed as Annexure A-4.
</li>
<li>
That as on the date of filing of this Application, 10 (ten) days have elapsed from the date of receipt of the Demand Notice by the Corporate Debtor.
</li>
<li>
That the Corporate Debtor has neither made payment of the outstanding operational debt nor has raised any dispute regarding the existence of the operational debt within 10 days of receipt of the Demand Notice.
[OR, if a response was received:]
That the Corporate Debtor vide its reply dated [DATE] has raised certain frivolous and untenable objections, which do not constitute a "dispute" within the meaning of Section 5(6) of the IBC, for the following reasons: [reasons why the objection is not a genuine pre-existing dispute].
</li>
</ol>
<h2>PART V — NAME OF PROPOSED IRP</h2>
<ol start="17">
<li>
The Applicant proposes the appointment of the following Insolvency Resolution Professional as the Interim Resolution Professional (IRP):
Name: _______________
Registration No.: _______________
Address: _______________
A copy of the written consent of the proposed IRP in Form AA is annexed as Annexure A-5.
</li>
</ol>
<h2>PART VI — GROUNDS</h2>
<ol start="18">
<li>
The present application is maintainable and deserves to be admitted on the following grounds:
(a) The Applicant is an "Operational Creditor" within the meaning of Section 5(20) of the IBC as the debt arises from the supply of goods/services to the Corporate Debtor.
(b) The amount in default is in excess of the threshold prescribed under Section 4 of the IBC.
(c) The Demand Notice under Section 8(1) of the IBC was duly served on the Corporate Debtor and the 10-day period has elapsed.
(d) No payment has been made and no genuine pre-existing dispute exists.
(e) The Corporate Debtor is a company incorporated under the Companies Act, 2013 and falls within the definition of "Corporate Debtor" under Section 3(8) of the IBC.
</li>
</ol>
<h2>PART VII — PRAYER</h2>
In view of the foregoing, it is most respectfully prayed that this Hon'ble Tribunal may be pleased to:
(a) Admit the present Application under Section 9 of the Insolvency and Bankruptcy Code, 2016;
(b) Declare a moratorium in terms of Section 14 of the IBC;
(c) Appoint [Name of proposed IRP] as the Interim Resolution Professional;
(d) Direct the proposed IRP to cause a public announcement as per Section 15 of the IBC;
(e) Pass such other and further orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
<hr>
FILED BY:
(Name of Advocate)
Advocate for the Applicant
Enrolment No.: ____________
Drawn by: ____________
Filed on: ____________
<hr>
<h2>VERIFICATION / AFFIDAVIT</h2>
I, [Name of Authorised Signatory], [Designation] of [Name of Operational Creditor], having its registered office at [Address], being duly authorised to swear this affidavit vide Board Resolution dated [DATE], do hereby solemnly affirm and state as under:
<ol>
<li>
That I am acquainted with the facts of this Application and am competent to swear this affidavit.
</li>
<li>
That the contents of the Application under Section 9 of the IBC are true and correct to the best of my knowledge and belief.
</li>
<li>
That the copies of documents and Annexures filed along with this Application are true copies of their respective originals.
</li>
<li>
That the Applicant has not filed any other petition/application before any court or authority seeking initiation of CIRP against the Corporate Debtor except the present application.
</li>
</ol>
DEPONENT
VERIFICATION:
Verified at __________ on this ___ day of _____, 20.
DEPONENT

Form 5 application under Section 9 of the Insolvency and Bankruptcy Code, 2016 filed by an Operational Creditor before the National Company Law Tribunal for initiation of Corporate Insolvency Resolution Process.

Application Under Section 9 IBC — Operational Creditor (NCLT)