# In the matter of Aditya Thermopack Pvt. Ltd. (IB)-1171(ND)-2019

> NCLT judgment dated 2019-07-30. Citation: TCN-2019-NCLT-02207. RQS Engineering Pvt. Ltd., an Operational Creditor, filed a petition under Section 9 of the…

- **Court:** NCLT
- **Order date:** 30 Jul 2019
- **Citation:** TCN-2019-NCLT-02207
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/aditya-thermopack-pvt-ltd-ib-1171nd-2019-b836dfee

## Summary

### Background

RQS Engineering Pvt. Ltd., an Operational Creditor, filed a petition under Section 9 of the IBC, 2016, seeking initiation of the Corporate Insolvency Resolution Process (CIRP) against Aditya Thermopack Pvt. Ltd., the Corporate Debtor, due to its inability to pay outstanding dues. The Operational Creditor had been supplying goods to the Corporate Debtor, maintaining a running account. Despite reminders, the Corporate Debtor failed to pay the amount due as per invoices raised on 19.09.2019 and 20.09.2019. A demand notice was issued on 23.04.2019 under Section 8 of the Code.

## Facts

RQS Engineering Pvt. Ltd. (Operational Creditor) supplied goods to Aditya Thermopack Pvt. Ltd. (Corporate Debtor) and maintained a running account. Two invoices were raised on 19.09.2019 and 20.09.2019, but the Corporate Debtor failed to make payments despite reminders. The Operational Creditor issued a demand notice on 23.04.2019 under Section 8 of the IBC. The Corporate Debtor acknowledged the outstanding liability in an email dated May 22, 2019, proposing a payment plan in installments. The Corporate Debtor failed to adhere to the proposed payment plan. The Corporate Debtor did not appear before the Tribunal despite service of notice.

## Issues and analysis

### Issue 1: Whether the petition filed by the Operational Creditor, RQS Engineering Pvt. Ltd., for initiation …

**Ratio:** The petition is maintainable if the Corporate Debtor has defaulted on a debt owed to the

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**Reasoning:** The Tribunal considered the Operational Creditor's averments, the Corporate Debtor's

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**Interpretation:** Section 9 of the IBC allows an Operational Creditor to initiate CIRP against a

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**Application:** The Tribunal applied the provisions of Section 9 of the IBC to the facts of the

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## Parties

- **Judges:** Ina Mal…; V.K. SUB…
- **Appellants:** RQS Engineering…
- **Respondents:** Aditya Thermopack…

## Timeline

- **2019-04-23 — Demand Notice…**: Operational Creditor issued a demand notice to the Corporate Debtor under Section 8 of…
- **2019-05-22 — Email Acknowledging…**: Corporate Debtor sent an email acknowledging the outstanding liability and proposing a…

## 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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