# In the matter of Associated Appliances Limited C.P.No.IB-1413-(ND)-2018

> NCLT judgment dated 2019-04-16. Citation: TCN-2019-NCLT-03865. The petition was filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 by Mr.…

- **Court:** NCLT
- **Order date:** 16 Apr 2019
- **Citation:** TCN-2019-NCLT-03865
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/associated-appliances-limited-cpnoib-1413-nd-2018-bce30d7c

## Summary

### Background

The petition was filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 by Mr. Girish Mittal, the Proprietor of RSP Stamping Industries, an operational creditor, against Associated Appliances Limited, the corporate debtor, for unpaid operational debt. The operational creditor claimed that it supplied Large Mixy Tube and Small Mixy Tube etc. to the corporate debtor through various invoices. A statutory demand notice was issued on 22.09.2018 due to the pending balance amount.

## Facts

RSP Stamping Industries, through its proprietor Mr. Girish Mittal, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 against Associated Appliances Limited, claiming to be an operational creditor. The operational creditor supplied Large Mixy Tube and Small Mixy Tube etc. to the corporate debtor through various invoices dated from 08.03.2018 to 21.06.2018, amounting to Rs. 29,07,928/-. A statutory demand notice was issued on 22.09.2018 for a default amount of Rs. 31,47,023/-, inclusive of interest. The corporate debtor did not respond to the demand notice or raise any dispute. The operational creditor filed an affidavit stating that there was no dispute of unpaid operational debt pending between the parties. The corporate debtor did not appear

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the Insolvency and Bankruptcy Code, 2016, should be …

**Ratio:** Section 9(5) of the Insolvency and Bankruptcy Code, 2016 allows for the admission of an

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**Reasoning:** The Tribunal considered that the Corporate Debtor had not appeared before the Tribunal,

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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 Corporate Debtor, Associated Appliances Limited, failed to respond to the

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## Parties

- **Judges:** R. VARADH…; DeepaKr…
- **Appellants:** RSP Stamping…
- **Respondents:** Associated…

## Timeline

- **2018-03-08 — Invoices…**: Operational Creditor issued invoices to…
- **2018-06-21 — Invoices…**: Operational Creditor issued invoices to…

## 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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