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

> NCLT judgment dated 2019-07-30. Citation: TCN-2019-NCLT-02214. 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-02214
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/aditya-thermopack-pvt-ltd-ib-1171nd-2019-ed9f80a1

## Summary

### Background

RQS Engineering Pvt. Ltd., an Operational Creditor, filed a petition under Section 9 of the IBC, 2016, seeking initiation of 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 two 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), maintaining a running account. Two invoices were raised on 19.09.2019 and 20.09.2019. The Corporate Debtor failed to make payments despite reminders. A demand notice was issued 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. The Corporate Debtor failed to adhere to the payment plan. The Operational Creditor filed a petition under Section 9 of the IBC seeking initiation of CIRP. The Corporate Debtor did not appear before the Tribunal despite service of notice. The email acknowledgment of debt is a key fact supporting the Operational Creditor's

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## Issues and analysis

### Issue 1: Whether the petition filed by the Operational Creditor under Section 9 of the IBC, 2016, for …

**Ratio:** Section 9 of the IBC, 2016, allows an Operational Creditor to initiate CIRP against a

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**Reasoning:** The Tribunal considered the evidence presented by the Operational Creditor, including the

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**Interpretation:** Section 9 provides a mechanism for Operational Creditors to recover outstanding

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**Application:** The Tribunal applied Section 9 to the facts of the case, finding that 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 Acknowl…**: 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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