# In the matter of Harish Bakers and Confectioners Pvt. Ltd. (IB)-939-ND-2019

> NCLT judgment dated 2019-11-15. Citation: TCN-2019-NCLT-00582. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 15 Nov 2019
- **Citation:** TCN-2019-NCLT-00582
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/harish-bakers-and-confectioners-pvt-ltd-ib-939-nd-2019-a368eba7

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Ready Roti India Pvt. Ltd. (Operational Creditor) against Harish Bakers & Confectioners Pvt. Ltd. (Corporate Debtor) for initiation of Corporate Insolvency Resolution Process (CIRP) due to the Corporate Debtor's inability to liquidate its dues. The Operational Creditor claimed that it had been supplying bakery products to the Corporate Debtor since 2012, and certain bills raised between 10.07.2018 and 16.07.2018 remained unpaid, leading to the cessation of supply. A notice under Section 8 of the Code was issued and replied to.

## Facts

Ready Roti India Pvt. Ltd. (Operational Creditor) filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Harish Bakers & Confectioners Pvt. Ltd. (Corporate Debtor) for unpaid dues. The Operational Creditor had been supplying bakery products to the Corporate Debtor since 2012. Invoices raised between 10.07.2018 and 16.07.2018 were not settled. The last invoice settled by the Corporate Debtor was on 13.07.2018 for products supplied up to 09.07.2018. The total amount due was Rs. 27,18,465/-. A Section 8 notice was issued and replied to. The Corporate Debtor claimed a pre-existing dispute with the parent company of the Operational Creditor, M/s. Harvest Gold, and a counter claim. A settlement had been reached in the presence of SHO after

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## Issues and analysis

### Issue 1: Whether there was a pre-existing dispute between the Operational Creditor and the Corporate Debtor …

**Ratio:** A dispute with a related entity (parent company) of the Operational Creditor does not

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**Reasoning:** The court reasoned that the dispute was primarily with M/s. Harvest Gold, the parent

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**Interpretation:** The interpretation of 'dispute' under Section 9 of the IBC requires a direct

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**Application:** The court applied the ratio to the facts by finding that the dispute raised by

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## Parties

- **Judges:** Ina Mal…; SH. L. N.…
- **Appellants:** Ready Roti India…
- **Respondents:** Harish Bakers &…

## Timeline

- **2012-01-01 — Business Relationship…**: Operational Creditor started supplying…
- **2018-07-09 — Last Suppl…**: Last date up to which products were…

## 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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