# In the matter of Advance Home and Personal Care Ltd. Company Petition No. IB-1023-ND-2018

> NCLT judgment dated 2019-09-05. Citation: TCN-2019-NCLT-01553. The case involves an application filed by M/s Model Logistics Pvt. Ltd., an operational…

- **Court:** NCLT
- **Order date:** 5 Sept 2019
- **Citation:** TCN-2019-NCLT-01553
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/advance-home-and-personal-care-ltd-company-petition-no-ib-1023-nd-2018-695d025e

## Summary

### Background

The case involves an application filed by M/s Model Logistics Pvt. Ltd., an operational creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s Advance Home & Personal Care Ltd., the corporate debtor. The applicant claimed that the respondent failed to pay outstanding dues for freight services provided. The applicant sent a demand notice under Section 8 of the IBC, 2016, which the respondent allegedly failed to comply with. The respondent denied the existence of any outstanding payments, but the applicant claimed that the debt was acknowledged via email.

## Facts

M/s Model Logistics Pvt. Ltd. (the applicant), an operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s Advance Home & Personal Care Ltd. (the respondent), the corporate debtor. The applicant provided freight services to the respondent, and invoices were raised from 02.01.2017 to 04.04.2017. The last invoice was raised on 04.04.2017. A demand notice was sent on 11.05.2018 under Section 8 of the IBC, 2016, for Rs.6,02,000/- along with interest. The demand notice was delivered to the respondent's registered office on 14.05.2018. The respondent failed to pay the amount demanded and did not raise any notice of dispute. The respondent denied the

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## Issues and analysis

### Issue 1: Whether the application filed by M/s Model Logistics Pvt. Ltd. under Section 9 of the Insolvency …

**Ratio:** Section 9(5) of the IBC, 2016, outlines the requirements for admitting an application for

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**Reasoning:** The Tribunal perused the record and found that the application was complete and that the

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**Interpretation:** Section 9 of the IBC, 2016, provides the mechanism for an operational creditor

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**Application:** In this case, the applicant provided evidence of unpaid invoices and a demand

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## Parties

- **Judges:** DEEPTI M…; HEMANT KUMAR…
- **Appellants:** M/S MODEL…
- **Respondents:** M/S ADVANCE HOME…

## Timeline

- **2017-01-02 — Default Oc…**: The default occurred when…
- **2017-04-04 — Last Invoice…**: The applicant raised the last…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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