# In the matter of Mukul Agarwal Vs. Royale Resinex Pvt. Ltd. & Anr. Company Appeal (AT) (Insolvency) No. 777 of 2020

> NCLAT judgment dated 2022-03-30. Citation: TCN-2022-NCLAT-00561. This appeal was filed against the order dated 31.07.2020 passed by the National Company Law…

- **Court:** NCLAT
- **Order date:** 30 Mar 2022
- **Citation:** TCN-2022-NCLAT-00561
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/mukul-agarwal-vs-royale-resinex-pvt-ltd-anr-company-appeal-f828e6fa

## Summary

### Background

This appeal was filed against the order dated 31.07.2020 passed by the National Company Law Tribunal (NCLT), New Delhi, which admitted an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) filed by the Operational Creditor. The suspended director of the Corporate Debtor filed the appeal.

## Facts

Royale Resinex Pvt. Ltd. (Operational Creditor) supplied poly propylene to Greatech Telecom Technologies Pvt. Ltd. (Corporate Debtor) as per the demand raised by the Corporate Debtor. The Operational Creditor issued a notice under Section 8 of the Code in Form-3, dated 06.04.2019 to the Corporate Debtor claiming amount of debt as Rs.25,04,630/-. The Operational Creditor filed a Civil Suit No.149 of 2015 against the Corporate Debtor for recovery of amount of Rs.16,44,500/-, which was decreed by Additional District Judge, Rohini Court vide judgment and order dated 08.09.2016. The Operational Creditor filed Execution Petition, which was transferred to the Court of District & Sessions Judge, South District for Execution of the Decree being case No.424 of 2019. The

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## Issues and analysis

### Issue 1: Whether the notice under Section 8 of the Code dated 06.04.2019 issued by the Operational Creditor …

**Ratio:** Service of notice under Section 8 is a mandatory requirement for initiating proceedings

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**Reasoning:** The court found that the notice was addressed to the correct address of the Corporate

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**Interpretation:** The court interpreted the requirement of service of notice under Section 8 as

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**Application:** The court applied the ratio to the facts of the case and concluded that the

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## Parties

- **Judges:** Ashok Bh…
- **Appellants:** Mukul Ag…
- **Respondents:** Greatech Telecom…; Immaculate…
- **Advocates:** Arun Sriv…; Bharat…; +3 more

## Timeline

- **2015-01-01 — Civil Suit…**: The Operational Creditor filed a Civil Suit No.149 of 2015 against the Corporate Debtor…
- **2016-09-08 — Civil Suit…**: The suit was Decreed by Additional District Judge, Rohini Court vide judgment and order…

## Legal provisions

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

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