# Mr. Rajendra Dhirajlal Thumar (Proprietor of Jalaram Enterprise) vs. Axle Paper Private Limited

> NCLT judgment dated 2026-07-02. Citation: TCN-2026-NCLT-00711. Mr. Rajendra Dhirajlal Thumar (Operational Creditor) filed a Section 9 IBC petition against…

- **Court:** NCLT
- **Order date:** 2 Jul 2026
- **Citation:** TCN-2026-NCLT-00711
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-ahmedabad/mr-rajendra-dhirajlal-thumar-proprietor-of-jalaram-enterprise-vs-axle-paper-priv-ohkh3

## Summary

### Background

Mr. Rajendra Dhirajlal Thumar (Operational Creditor) filed a Section 9 IBC petition against Axle Paper Private Limited (Corporate Debtor) for an outstanding operational debt of Rs. 2,27,97,636/- plus 18% interest, arising from the supply of waste paper and finished materials. The debt became due from June 20, 2025, and a demand notice was issued on September 17, 2025.

## Facts

Mr. Rajendra Dhirajlal Thumar (Proprietor of Jalaram Enterprise) is the Operational Creditor.

Axle Paper Private Limited is the Corporate Debtor, engaged in the business of manufacturing paper, Kraft Papers, Duplex etc.

The Operational Creditor is classified as a small industry with Udyam Registration No. UDYAM-GJ-20-0044819.

The total outstanding debt is Rs. 2,27,97,636/- along with interest @ 18% per annum.

The debt fell due on 20.06.2025, 15 days after the first invoice dated 04.06.2025.

The Corporate Debtor placed various purchase orders for the supply of goods and materials.

In terms of purchase orders, the Corporate Debtor agreed to make payment 15 days after invoice generation and goods were to be delivered within 15 days from the date of the purchase order.

…

## Issues and analysis

### Issue 1: Whether the Operational Creditor has established the existence of an operational debt and default …

**Ratio:** An operational debt and default are established when goods are supplied, invoices are

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**Reasoning:** The Corporate Debtor placed purchase orders, received goods, and did not dispute the

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**Interpretation:** Sections 8 and 9 of the IBC require the existence of an operational debt and a

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**Application:** The NCLT found that the Operational Creditor supplied goods, raised invoices,

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## Parties

- **Judges:** Chitra Ha…; Velamur G Venkata…
- **Appellants:** Rajendra Dhirajlal…
- **Respondents:** Axle Paper…
- **Other parties:** Kailash…
- **Advocates:** Arpit Si…; Vivek S…; +1 more

## Timeline

- **2025-06-01 — Purchase Orde…**: Corporate Debtor placed…
- **2025-06-04 — First Invoic…**: The first invoice for…

## 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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