# In the matter of Goyal Books Overseas Pvt. Ltd. (IB)-2092(ND 2019

> NCLT judgment dated 2019-11-04. Citation: TCN-2019-NCLT-00727. The case involves a petition filed by Prints Publication Private Limited, an operational…

- **Court:** NCLT
- **Order date:** 4 Nov 2019
- **Citation:** TCN-2019-NCLT-00727
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/goyal-books-overseas-pvt-ltd-ib-2092nd-2019-b1d41964

## Summary

### Background

The case involves a petition filed by Prints Publication Private Limited, an operational creditor, against Goyal Books Overseas Pvt. Ltd., the corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016. The operational creditor supplied books to the corporate debtor, who failed to make payments for the goods delivered. The operational creditor issued demand notices and filed the petition seeking initiation of the Corporate Insolvency Resolution Process (CIRP) due to the corporate debtor's inability to liquidate the outstanding claim of Rs. 12,20,574/-.

## Facts

Prints Publication Private Limited (Operational Creditor) supplied books to Goyal Books Overseas Pvt. Ltd. (Corporate Debtor). Several orders were placed and fulfilled between June and September 2017. Specifically, 572 units of books were delivered on 2017-08-05 against an order placed on 2017-06-29, amounting to Rs. 4,24,909. Another order for 191 units was delivered on 2017-08-22, with bill No. BI14 dated 2017-09-07, amounting to Rs. 1,68,648. A further order for 1104 units was delivered on 2017-09-20, with invoice No. BI17 dated 2017-09-22, amounting to Rs. 6,37,918. 218 units were returned on 2017-12-19, and a credit note of Rs. 2,21,202.95 was issued on 2018-01-09. The final amount due was Rs. 12,20,574. The Operational Creditor sent emails between 2017-09-25 and

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## Issues and analysis

### Issue 1: Whether the petition 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 reasoned that the operational creditor had demonstrated that a default had

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**Interpretation:** Section 9 provides a mechanism for operational creditors to recover their dues

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**Application:** The court applied the provisions of Section 9 to the facts of the case, finding

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## Parties

- **Judges:** Rajesh Daya…; SUMITA PURK…; +1 more
- **Appellants:** Prints Publication…
- **Respondents:** Goyal Books…

## Timeline

- **2017-06-29 — Order Pl…**: Corporate Debtor placed an…
- **2017-08-05 — Delivery of…**: 572 units of books were delivered to Corporate Debtor against the order placed on…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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