# In the matter of International Marketing Corporation Pvt. Ltd. CP (IB) No.57-Chd-Pb-2018

> NCLT judgment dated 2018-05-23. Citation: TCN-2018-NCLT-01371. The case involves an application filed by Deltas Pharma, an operational creditor, under Section…

- **Court:** NCLT
- **Order date:** 23 May 2018
- **Citation:** TCN-2018-NCLT-01371
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/international-marketing-corporation-pvt-ltd-cp-ib-no57-chd-pb-2018-f38bb1bc

## Summary

### Background

The case involves an application filed by Deltas Pharma, an operational creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, against International Marketing Corporation Pvt. Ltd., the corporate debtor. Deltas Pharma claimed that International Marketing Corporation Pvt. Ltd. had failed to pay an outstanding amount for pharmaceutical products purchased. The corporate debtor disputed the claim, asserting that the payment for the relevant invoice had already been made and that there was no outstanding amount. The petitioner claimed an outstanding amount of ₹1,46,810 plus interest at 24% per annum. The respondent claimed that the payment against Invoice No. MAR/P2P/550 dated 25.03.2015 amounting to ₹1,54,848 has been made through bank transfer dated

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## Facts

Deltas Pharma, an operational creditor, filed a petition against International Marketing Corporation Pvt. Ltd., a corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, for non-payment of dues. Deltas Pharma claimed that International Marketing Corporation Pvt. Ltd. had failed to pay ₹1,46,810 for pharmaceutical products purchased under Invoice No. MAR/P2P/550 dated 25.03.2015, plus interest at 24% per annum. Deltas Pharma sent a demand notice dated 01.08.2017. International Marketing Corporation Pvt. Ltd. disputed the claim, asserting that the payment of ₹1,54,848 for the invoice had already been made on 01.12.2015. The respondent also stated that the complete statement of accounts maintained in the due course of business reflects the account

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## Issues and analysis

### Issue 1: Whether there exists a dispute regarding the existence of the debt as per Section 5(6)(a) of the …

**Ratio:** The Hon'ble Supreme Court in Mobilox Innovations Private Limited Vs. Kirusa Software

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**Reasoning:** The court found that there were conflicting account statements and evidence presented by

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**Interpretation:** Section 5(6)(a) of the Insolvency and Bankruptcy Code, 2016, defines 'dispute'

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**Application:** In this case, the court found that the dispute raised by International

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## Parties

- **Judges:** R.P.Nag…; Pradeep R.…
- **Appellants:** DELTAS P…
- **Respondents:** INTERNATIONAL…

## Timeline

- **2015-03-25 — Invoice…**: Invoice No. MAR/P2P/550…
- **2015-12-01 — Payment Date (Claimed…**: International Marketing Corporation Pvt. Ltd.…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 5(6) — Definitions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-5)

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