# In the matter of BHD Industries Ltd. T.C.P. No. 353-I&BP-2017

> NCLT judgment dated 2017-09-04. Citation: TCN-2017-NCLT-00490. The case originates from a Company Petition filed under Sections 433 & 434 of the Companies Act…

- **Court:** NCLT
- **Order date:** 4 Sept 2017
- **Citation:** TCN-2017-NCLT-00490
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/bhd-industries-ltd-tcp-no-353-ibp-2017-723bc9e1

## Summary

### Background

The case originates from a Company Petition filed under Sections 433 & 434 of the Companies Act 1956 before the High Court of Mumbai on 2016-09-21. The petitioner, Maxim Containers Company, claimed that the corporate debtor, BHD Industries Ltd., defaulted on a payment of ₹6,40,055 plus interest for goods supplied. Due to jurisdictional transfer, the petition was moved to the NCLT. Before filing the petition, the petitioner issued a notice to the corporate debtor on 2015-12-22, stating that the corporate debtor had placed a purchase order for aluminum collapsible tubes on 2015-01-09. The petitioner delivered the goods and raised invoices. The corporate debtor disputed the claim, alleging defective goods and improper threading, leading to losses due to complaints

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## Facts

Maxim Containers Company (the petitioner) filed a company petition against BHD Industries Ltd. (the corporate debtor) for non-payment of ₹6,40,055 plus interest for goods supplied. The petitioner supplied aluminum collapsible tubes to the corporate debtor based on a purchase order dated 2015-01-09. The corporate debtor claimed that the goods were defective, leading to complaints from Troge Medical GmbH, a German company. The corporate debtor compensated Troge Medical GmbH for the losses and deducted ₹6,25,000 from the petitioner's account. The corporate debtor made a payment of ₹18,70,623 on 2015-07-19, claiming it was a full and final settlement after deducting the compensation for defective goods. The petitioner filed a winding-up petition, which was later

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor defaulted in paying ₹6,40,055 plus interest towards goods supplied by …

**Ratio:** A claim cannot be considered valid if there is

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**Reasoning:** The court reasoned that the Corporate Debtor had disputed the quality of the goods

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**Interpretation:** The interpretation is that if a dispute exists regarding the quality or amount

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**Application:** In this case, the Corporate Debtor had raised concerns about the defective

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## Parties

- **Judges:** B.S.V. Prakash…; V. Nallasen…
- **Appellants:** Maxim Containers…
- **Respondents:** BHD Industries…

## Timeline

- **2015-01-09 — Purchase…**: Corporate Debtor placed a Purchase Order for aluminum collapsible tubes with the…
- **2015-02-23 — Invoice…**: Invoice No. 534 was…

## 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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