# In the matter of BBF Home Care Products Limited CP (IB) No.288-Chd-Pb-2018

> NCLT judgment dated 2019-02-18. Citation: TCN-2019-NCLT-04804. The case involves an application filed by Silvertoan Papers Limited, an operational creditor,…

- **Court:** NCLT
- **Order date:** 18 Feb 2019
- **Citation:** TCN-2019-NCLT-04804
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/bbf-home-care-products-limited-cp-ib-no288-chd-pb-2018-c25da3f4

## Summary

### Background

The case involves an application filed by Silvertoan Papers Limited, an operational creditor, against BBF Home Care Products Limited, the corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, for initiating the Insolvency Resolution Process. The application was filed due to unpaid operational debt.

## Facts

Silvertoan Papers Limited (the operational creditor) filed a petition against BBF Home Care Products Limited (the corporate debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016. Silvertoan Papers Limited is in the business of manufacturing and dealing in various types of paper. Commercial dealings between the parties began in 2008, with Silvertoan Papers Limited supplying goods worth ₹26,23,564 to BBF Home Care Products Limited. BBF Home Care Products Limited issued a debit note of ₹2,22,307. BBF Home Care Products Limited paid ₹16,70,566 but then stopped making payments. The outstanding amount against BBF Home Care Products Limited was ₹25,20,884, including ₹7,30,961 as the principal amount. Invoices for the goods sold are dated from 02.11.2008 to

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## Issues and analysis

### Issue 1: Whether the application filed by the operational creditor is complete and in compliance with the …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, outlines the requirements for an

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**Reasoning:** The court perused the application in Form 5 and found it to be complete in all respects.

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**Interpretation:** Section 9 mandates that an operational creditor's application must adhere to

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**Application:** The court found that the petitioner had met all the requirements of Section 9,

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## Parties

- **Judges:** R.P.Nag…; Pradeep R.…
- **Appellants:** Silvertoan Papers…
- **Respondents:** BBF Home Care…

## Timeline

- **2008-01-01 — Commercial Dealings…**: Commercial dealings between Silvertoan Papers Limited and BBF Home Care Products Limited…
- **2008-11-02 — Invoices…**: Invoices for goods sold to BBF Home Care Products Limited were issued between 02.11.2008…

## 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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