# In the matter of D. I. Packging Pvt. Ltd. IB-1207-ND-2019

> NCLT judgment dated 2019-12-17. Citation: TCN-2019-NCLT-00137. The case involves an application filed by Bharatiya Roadlines Pvt Ltd (Operational Creditor)…

- **Court:** NCLT
- **Order date:** 17 Dec 2019
- **Citation:** TCN-2019-NCLT-00137
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/d-i-packging-pvt-ltd-ib-1207-nd-2019-77d2df85

## Summary

### Background

The case involves an application filed by Bharatiya Roadlines Pvt Ltd (Operational Creditor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, r/w Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against D. I. Packaging Pvt. Ltd. (Corporate Debtor). The Operational Creditor claimed that the Corporate Debtor defaulted on payments for transportation services.

## Facts

Bharatiya Roadlines Pvt Ltd (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate CIRP against D. I. Packaging Pvt. Ltd (Corporate Debtor) due to unpaid operational debt. The Corporate Debtor had engaged the Operational Creditor for transportation services, and the terms of service were mutually agreed upon, requiring payment within 7 days of consignment receipt. The Corporate Debtor defaulted on payments for Invoice No. 15410 dated 16.03.2017, amounting to Rs. 8,53,000/-. The Operational Creditor received a composite sum of Rs. 4,50,000/- as part payment on 04.04.2017, 12.04.2017, and 12.11.2018. A demand notice in Form-3 was sent on 01.10.2018, calling for payment within 10 days. The Corporate Debtor

…

## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor under Section 9 of the Insolvency and …

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

…

**Reasoning:** The court considered the application filed by the Operational Creditor, along with the

…

**Interpretation:** Section 9 provides the mechanism for operational creditors to trigger the

…

**Application:** The court examined the evidence presented by the Operational Creditor to

…

## Parties

- **Judges:** P.S.N. P…; K.K. V…
- **Appellants:** M/s. Bharatiya…
- **Respondents:** D. I. Packaging…; M/s. D. I.…

## Timeline

- **2017-03-16 — Invoice…**: Invoice No. 15410 dated…
- **2017-02-26 — Consignment N…**: Consignment note No.18182…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/d-i-packging-pvt-ltd-ib-1207-nd-2019-77d2df85