# In the matter of Alaska Creations Private Limited C.P. (IB) No. 3644-NCLT-MB-2018

> NCLT judgment dated 2019-09-11. Citation: TCN-2019-NCLT-01503. Kiwi International, the Operational Creditor/Applicant, filed an application under Section 9 of…

- **Court:** NCLT
- **Order date:** 11 Sept 2019
- **Citation:** TCN-2019-NCLT-01503
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/alaska-creations-private-limited-cp-ib-no-3644-nclt-mb-2018-35d85851

## Summary

### Background

Kiwi International, the Operational Creditor/Applicant, filed an application under Section 9 of the Insolvency & Bankruptcy Code, 2016 (I&B Code) against Alaska Creations Private Limited, the Corporate Debtor, for initiating Corporate Insolvency Resolution Process (CIRP). The application was filed on 25.09.2018, being CP 3644(IB)/MB/2018.

## Facts

Kiwi International (Operational Creditor) filed an application against Alaska Creations Private Limited (Corporate Debtor) under Section 9 of the Insolvency & Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP). The application, filed on 25.09.2018, claimed a total default of ₹97,10,749/- including interest at 18% p.a. as of 08.08.2018. Kiwi International supplied footwears to Alaska Creations Private Limited from 28.04.2016 to 12.06.2017 based on oral purchase orders. The invoices for these supplies were annexed to the application. Certificates of Export dated 07.12.2016, 17.01.2017, 27.07.2017, and 02.10.2017, along with shipping and transport documents, were also provided as evidence of the business transaction. Kiwi

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor under Section 9 of the I&B Code, 2016 …

**Ratio:** Section 9 of the I&B Code, 2016, outlines the requirements for an operational

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**Reasoning:** The court found that the application was complete and filed in the proper form 5 as

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**Interpretation:** Section 9 requires the application to be complete in all respects, including

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**Application:** The court determined that the application was complete based on the inclusion

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## Parties

- **Judges:** Mr V. P.…; Mr Rajesh…
- **Appellants:** Kiwi Intern…
- **Respondents:** Alaska Creations…
- **Advocates:** U. L.…

## Timeline

- **2016-04-28 — Supply of Fo…**: Applicant supplied footwears to the Corporate Debtor from 28.04.2016 to 12.06.2017 as per…
- **2017-06-05 — Last Payment by…**: The date of last payment made by the…

## 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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