# In the matter of Callina Care Overseas Pvt. Ltd. Company Petition No. IB-1060-ND_2018

> NCLT judgment dated 2019-01-31. Citation: TCN-2019-NCLT-05067. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 31 Jan 2019
- **Citation:** TCN-2019-NCLT-05067
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/callina-care-overseas-pvt-ltd-company-petition-no-ib-1060-nd_2018-1b401abe

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by M/S Jaswant International Private Limited (Operational Creditor) against M/S Callina Care Overseas Pvt. Ltd. (Corporate Debtor) for initiating the Corporate Insolvency Resolution Process (CIRP) due to unpaid operational debt. The applicant claims that they supplied goods/materials to the corporate debtor between 31.01.2015 and 03.03.2016, and a sum of Rs. 25,86,982/- remains outstanding. Despite repeated requests and reminders, the corporate debtor failed to make the payment, leading to the issuance of a notice under Section 8 of the IBC. The corporate debtor raised a dispute regarding the quality of the material supplied.

## Facts

M/S Jaswant International Private Limited (the 'Applicant' or Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against M/S Callina Care Overseas Pvt. Ltd. (the 'Respondent' or Corporate Debtor). The Applicant is engaged in the manufacture of multi-layer plastic films and has been a supplier to the Corporate Debtor since 2006-2007. The Applicant claims that it supplied goods/materials to the Corporate Debtor between 31.01.2015 and 03.03.2016, raising various invoices. A sum of Rs. 25,86,982/- remains outstanding. The first bill in default was issued on 31.01.2015, and the last bill was issued on 03.03.2016. The last payment of Rs 50,000 was received on 19.12.2017. The total debt due and payable by the Corporate

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the …

**Ratio:** Section 9(5) of the IBC outlines the requirements for admitting an application for

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**Reasoning:** The Tribunal determined that the present application was complete and the applicant was

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**Interpretation:** Section 9 of the IBC specifies the procedure and requirements for an

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**Application:** The Tribunal found that the application met all the requirements under Section

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## Parties

- **Judges:** DEEPTI M…
- **Appellants:** M/s. Jaswant…
- **Respondents:** M/S CALLINA CARE…

## Timeline

- **2015-01-31 — First Bill in…**: The first bill in…
- **2016-03-03 — Last Bill…**: The last bill 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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