# In the matter of Cissil Retail Management Private Limited CP-652-(IB)-CB-2017

> NCLT judgment dated 2018-02-19. Citation: TCN-2018-NCLT-01801. The case involves a petition filed by M/s. Bizerba India Private Limited (Operational Creditor)…

- **Court:** NCLT
- **Order date:** 19 Feb 2018
- **Citation:** TCN-2018-NCLT-01801
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/cissil-retail-management-private-limited-cp-652-ib-cb-2017-c097f787

## Summary

### Background

The case involves a petition filed by M/s. Bizerba India Private Limited (Operational Creditor) against M/s. Cissil Retail Management Private Limited (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Operational Creditor claimed that the Corporate Debtor defaulted in payment for the installation of 'Retail Scale-BC II 800 ECO 6/15 KG' machines as per an agreement dated 06.10.2015. The Operational Creditor issued a demand notice on 22.03.2017, claiming an outstanding due of Rs. 19,20,204/- as of 27.02.2017. The Corporate Debtor was set ex-parte due to non-appearance on several occasions.

## Facts

M/s. Bizerba India Private Limited (Operational Creditor) filed a Company Petition against M/s. Cissil Retail Management Private Limited (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Operational Creditor supplied and installed 'Retail Scale-BC II 800 ECO 6/15 KG' machines to the Corporate Debtor as per an agreement executed on 06.10.2015. The payment terms were outlined in a Memorandum of Understanding dated 07.10.2016. The Corporate Debtor failed to make payments against invoices dated 19.10.2015 and 03.11.2015, despite reminders from the Operational Creditor. A demand notice was issued on 22.03.2017, claiming an outstanding due of Rs. 19,20,204/- as of 27.02.2017. The Corporate Debtor did not respond to the demand notice or

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## Issues and analysis

### Issue 1: Whether the Operational Creditor, M/s. Bizerba India Private Limited, has established a default in …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016 allows an operational creditor to

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**Reasoning:** The Adjudicating Authority found that the Operational Creditor had provided sufficient

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**Interpretation:** Section 9 requires the operational creditor to demonstrate that a debt is due

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**Application:** In this case, the Operational Creditor presented documentary evidence showing

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## Parties

- **Judges:** K. Anantha…; S. VIJAYARA…
- **Appellants:** Bizerba India…
- **Respondents:** Cissil Retail…
- **Advocates:** V. Kamala…; V.S Ma…

## Timeline

- **2015-10-06 — Agreement Ex…**: Agreement executed between Bizerba India Private Limited and Cissil Retail Management…
- **2016-10-07 — Memorandum of…**: Memorandum of Understanding…

## 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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