# In the matter of A-One Part & Services Ltd. C.P. (IB) No. 122-NCLT-AHm-2019

> NCLT judgment dated 2020-09-17. Citation: TCN-2020-NCLT-00604. Parker Hannifin India Private Limited, as the operational creditor, filed a petition under…

- **Court:** NCLT
- **Order date:** 17 Sept 2020
- **Citation:** TCN-2020-NCLT-00604
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/a-one-part-services-ltd-cp-ib-no-122-nclt-ahm-2019-ce4e8ad5

## Summary

### Background

Parker Hannifin India Private Limited, as the operational creditor, filed a petition 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, against A-One Parts & Services Limited, the corporate debtor, for unpaid dues related to the supply of goods. The applicant claimed a total sum of Rs. 81,87,618/- based on outstanding payments and accrued interest.

## Facts

Parker Hannifin India Private Limited (operational creditor) filed a petition against A-One Parts & Services Limited (corporate debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, for unpaid dues. The operational creditor claimed that it supplied goods worth Rs. 52,81,605/- to the corporate debtor between 31.10.2015 and 29.01.2016, based on a purchase order dated 14.05.2015. An amount of Rs. 29,06,013/- had accrued on the outstanding amount, bringing the total claim to Rs. 81,87,618/-. The operational creditor furnished copies of delivery challans, invoices, ledger/account statements, a computation chart, and notices dated 20.06.2018 and 11.12.2018. The respondent raised objections to the maintainability of the petition. The demand notices dated

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## Issues and analysis

### Issue 1: Whether the demand notice issued by the operational creditor complies with the requirements of …

**Ratio:** The demand notice is a pre-requisite under Section 8 of the Insolvency & Bankruptcy

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**Reasoning:** The court found that the notices issued by the applicant dated 20.06.2018 and 11.12.2018

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**Interpretation:** Section 8 of the IBC and Rule 5 of the associated rules are interpreted

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**Application:** In this case, the court found that the demand notices did not comply with Rule

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## Parties

- **Judges:** Manorama…; Chockalingam…
- **Appellants:** Parker Hannifin…
- **Respondents:** A-One Parts &…

## Timeline

- **2015-05-14 — Purchase Ord…**: Date of the purchase order against…
- **2015-10-31 — Goods Supply S…**: Start date of the period during which goods…

## 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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