# In the matter of Diabari Tea Co. Ltd. C.P. (IB) No. 399-KB-2017

> NCLT judgment dated 2019-06-17. Citation: TCN-2019-NCLT-02870. The case involves an application for the initiation of a corporate insolvency resolution…

- **Court:** NCLT
- **Order date:** 17 Jun 2019
- **Citation:** TCN-2019-NCLT-02870
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/diabari-tea-co-ltd-cp-ib-no-399-kb-2017-8fef49d9

## Summary

### Background

The case involves an application for the initiation of a corporate insolvency resolution process (CIRP) filed by M/s. K.N. Chowdhury & Co. Pvt. Ltd., an Operational Creditor, against M/s. Diabari Tea Co. Ltd., the Corporate Debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Operational Creditor claimed that the Corporate Debtor defaulted on a payment of Rs. 7,39,032/- for the purchase of coal. The Operational Creditor had previously initiated winding-up proceedings against the Corporate Debtor in the High Court, Kolkata, which were later transferred to the NCLT upon the enactment of the I&B Code. The application was initially dismissed for want of prosecution but was later restored.

## Facts

M/s. K.N. Chowdhury & Co. Pvt. Ltd. (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against M/s. Diabari Tea Co. Ltd. (Corporate Debtor). The Operational Creditor claimed that the Corporate Debtor defaulted on a payment of Rs. 7,39,032/- for the purchase of coal. The invoices were generated between November 21, 2012, and September 22, 2012. The last payment from the Corporate Debtor was on September 28, 2013. The Operational Creditor had previously initiated winding-up proceedings against the Corporate Debtor in the High Court, Kolkata, as CP No. 894 of 2016. These proceedings were later transferred to the NCLT after the enactment of the I&B Code. The application was initially dismissed for want of

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## 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

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**Reasoning:** The court considered the evidence presented by the Operational Creditor, including

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

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**Application:** The court applied Section 9 to the facts of the case, examining whether the

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## Parties

- **Judges:** Jinan…; Harish Chander…
- **Respondents:** M/S. DIABARI TEA…

## Timeline

- **2012-09-22 — Invoice P…**: Invoices generated between 21st…
- **2013-09-28 — Last Pay…**: Last payment made by the Corporate…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 14 — Moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-14)

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