# In the matter of Gheli International Pvt. Ltd. (IB)-754(ND)-2019

> NCLT judgment dated 2019-05-23. Citation: TCN-2019-NCLT-03212. The petition was filed under Section 9 of the Insolvency and Bankruptcy Code (IBC) for…

- **Court:** NCLT
- **Order date:** 23 May 2019
- **Citation:** TCN-2019-NCLT-03212
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/gheli-international-pvt-ltd-ib-754nd-2019-1d53fc02

## Summary

### Background

The petition was filed under Section 9 of the Insolvency and Bankruptcy Code (IBC) for initiating the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor. The Operational Creditor claimed that the Corporate Debtor failed to pay an outstanding operational debt of Rs. 3,09,221.51. The Corporate Debtor opposed the petition on the grounds that the petitioner was an unregistered partnership firm, there was no outstanding operational debt, and the affidavit supporting the petition was flawed.

## Facts

Durre Welt Overseas, an unregistered partnership firm (Operational Creditor), filed a petition under Section 9 of the Insolvency and Bankruptcy Code (IBC) against M/S. Gheli International Pvt. Ltd. (Corporate Debtor) for an unpaid operational debt of Rs. 3,09,221.51. The debt arose from the supply of 'welt' between April 2, 2015, and June 10, 2016. The Corporate Debtor raised objections, claiming the petitioner was an unregistered firm, there was no outstanding debt due to a debit note, and the affidavit was flawed. The Operational Creditor refuted these claims. The Corporate Debtor issued a debit note on 25.06.2018 for Rs. 3,089,320/- which was denied by the Operational Creditor. The affidavit was executed on a non-judicial stamp paper purchased in Uttar Pradesh, but

…

## Issues and analysis

### Issue 1: Whether an unregistered partnership firm is competent to initiate a petition under Section 9 of the …

**Ratio:** The bar under Section 69 of the Indian Partnership Act applies only to suits and disputes

…

**Reasoning:** The court relied on judgments from the Calcutta High Court and the Supreme Court, which

…

**Interpretation:** Section 69 of the Partnership Act does not bar an unregistered firm from

…

**Application:** The court applied the ratio to the fact that Durre Welt Overseas, though an

…

## Parties

- **Judges:** Ina Mal…; SH. V.K. SU…
- **Appellants:** DURRE WELT…
- **Respondents:** M/s. Gheli…

## Timeline

- **2015-04-02 — Supply of 'wel…**: The Operational Creditor started…
- **2016-06-10 — Supply of 'we…**: The Operational Creditor stopped…

## 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/gheli-international-pvt-ltd-ib-754nd-2019-1d53fc02