# In the matter of Apogee Healthcare Private Limited C.P. (IB) 2218-MB-2019

> NCLT judgment dated 2020-07-16. Citation: TCN-2020-NCLT-01014. Mabel Cosmetics filed a Company Petition seeking to initiate the Corporate Insolvency…

- **Court:** NCLT
- **Order date:** 16 Jul 2020
- **Citation:** TCN-2020-NCLT-01014
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/apogee-healthcare-private-limited-cp-ib-2218-mb-2019-97a809ee

## Summary

### Background

Mabel Cosmetics filed a Company Petition seeking to initiate the Corporate Insolvency Resolution Process (CIRP) against Apogee Healthcare Private Limited, alleging default in payment of ₹16,71,954 since 02.02.2019. The petitioner and the corporate debtor had a super stockist agreement dated 03.07.2018, where the petitioner was appointed as a super stockist for the health care products of the Corporate Debtor. The petitioner returned the stocks to the Corporate Debtor and claimed the amount paid for the stock.

## Facts

Mabel Cosmetics (Petitioner) filed a petition against Apogee Healthcare Private Limited (Corporate Debtor) to initiate CIRP, claiming a default of ₹16,71,954 since 02.02.2019. The petitioner and the corporate debtor entered into a super stockist agreement on 03.07.2018, where the petitioner was appointed as a super stockist for the health care products of the Corporate Debtor. The petitioner was to market the products in North Maharashtra and Gujarat, with the Corporate Debtor providing a 7% discount/margin. The petitioner returned goods worth ₹13,56,954 and claimed ₹3,15,000 as discount/margin amount. The petitioner sent an email on 20.10.2018 to discontinue the arrangement and requested settlement of dues. A demand notice was issued on 19.04.2019 for ₹17,57,900.

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## Issues and analysis

### Issue 1: Whether the transaction in question is an 'Operational Debt' and the petitioner is an 'Operational …

**Ratio:** An 'Operational Debt' is defined under Section 5(21) of the Insolvency & Bankruptcy

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**Reasoning:** The court reasoned that initially the goods were supplied by the corporate debtor to the

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**Interpretation:** The court interpreted that the petitioner is entitled to claim the amount as an

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**Application:** The court applied the definition of 'Operational Debt' and 'Operational

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## Parties

- **Judges:** SUCHITRA KANUPARTH…; V. Nallasen…; +1 more
- **Appellants:** Mabel Cos…
- **Respondents:** Apogee Healthcare…
- **Advocates:** Avinash R.…; Mandar…; +2 more

## Timeline

- **2018-07-03 — Super Stockist…**: Petitioner and Corporate Debtor…
- **2018-10-20 — Email Commun…**: Petitioner sent an email to Corporate…

## 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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