# Girraj Bansal vs. Rakesh Kumar Goyal, Proprietor of Mohini Food Product & Anr.

> NCLAT judgment dated 2026-10-14. Citation: TCN-2026-NCLAT-00302. The appeal challenges an order dated 11.09.2025 passed by the National Company Law Tribunal…

- **Court:** NCLAT
- **Order date:** 14 Oct 2026
- **Citation:** TCN-2026-NCLAT-00302
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/girraj-bansal-vs-rakesh-kumar-goyal-proprietor-of-mohin-gnmv0

## Summary

### Background

The appeal challenges an order dated 11.09.2025 passed by the National Company Law Tribunal (NCLT), Indore, which admitted a Section 9 application under the Insolvency and Bankruptcy Code (IBC). The appellant, an erstwhile director of the Corporate Debtor, argued that there was no actual supply of goods for 8 invoices due to an incorrect address on e-way bills, thus negating the existence of debt and default. The Operational Creditor (Respondent No. 1) had supplied mustard seeds to the Corporate Debtor, raising 8 invoices between 05.08.2021 and 31.08.2021, with an alleged default amount of Rs. 1,42,46,178/- plus interest.

## Facts

The NCLT, Indore, admitted a Section 9 application (CP IB No. 86/2023) on 11.09.2025.

The appeal challenges the NCLT order dated 11.09.2025.

The Appellant argued that no supply of goods was made under 8 invoices and e-way bills carried an incorrect address.

Respondent No. 1 (Mohini Food Product) supplied mustard seeds to the Corporate Debtor.

8 invoices were raised by Respondent No. 1 between 05.08.2021 and 31.08.2021.

The invoices carried the Corporate Debtor's registered address but an incorrect PIN Code, which the Appellant admitted.

The alleged default amount was Rs. 01,42,46,178/- plus 12% P.A. interest of Rs. 28,58,480/-, totaling Rs. 1,71,05,658/-.

The date of default was determined to be 20.08.2021.

A Section 8 notice was issued on 10.05.2023.

…

## Issues and analysis

### Issue 1: Whether the admission of the Section 9 application was justified when no supply of goods was made …

**Ratio:** The existence of a debt and default under Section 9 of the IBC is established when the

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**Reasoning:** The Corporate Debtor's argument of non-supply was rebutted by their own records and

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**Interpretation:** The Tribunal interpreted the Corporate Debtor's actions of deducting TDS and

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**Application:** Applying these interpretations, the NCLAT found that the NCLT had correctly

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## Parties

- **Judges:** Sharad Kumar…; Indevar P…
- **Appellants:** Girraj B…
- **Respondents:** Paramsukh Edible…; Rakesh Kumar…
- **Advocates:** Shubham Bud…; Sanjeev Cha…; +6 more

## Timeline

- **2021-08-05 — Start of Invoi…**: Beginning of the period during which 8 invoices were raised for the supply of mustard…
- **2021-08-20 — Date of D…**: Determined as the date of…

## 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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