# Inthe matter of Bhowmik Dyeing and Bleaching Private Limited C.P. (IB) No. 1717-KB-2018

> NCLT judgment dated 2019-08-02. Citation: TCN-2019-NCLT-02136. The case involves an application filed by Texchem (India), an operational creditor, against…

- **Court:** NCLT
- **Order date:** 2 Aug 2019
- **Citation:** TCN-2019-NCLT-02136
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/inthe-matter-of-bhowmik-dyeing-and-bleaching-private-limited-cp-ib-no-1717-kb-20-fb0a1cbe

## Summary

### Background

The case involves an application filed by Texchem (India), an operational creditor, against Bhowmik Dyeing and Bleaching Private Limited, the corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. Texchem (India) claimed that Bhowmik Dyeing defaulted on payments for goods supplied. The operational creditor sent a notice of default, and the corporate debtor made a partial payment but failed to settle the entire outstanding debt. Despite receiving notices from the operational creditor and the Tribunal, the corporate debtor did not appear or present a defense.

## Facts

Texchem (India), a proprietorship firm, is an operational creditor of Bhowmik Dyeing and Bleaching Private Limited, a company incorporated on May 12, 2008, engaged in the business of dyeing, bleaching, and related chemical products. Texchem supplied goods to Bhowmik Dyeing based on purchase orders. Texchem raised invoices, some of which were cleared, but many remained pending without legitimate cause. Texchem sent statements of accounts to Bhowmik Dyeing, which were confirmed by the corporate debtor. Texchem sent a notice dated October 1, 2018, under Form 3 and 4 of the Insolvency & Bankruptcy (Application to Adjudicating Authority) Rules, 2016, which was received by Bhowmik Dyeing on October 4, 2018. Bhowmik Dyeing made a partial payment of Rs. 1,32,274 on

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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 Tribunal considered the documents and submissions made by the Operational Creditor,

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**Interpretation:** Section 9 of the IBC provides a mechanism for operational creditors to recover

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**Application:** The Tribunal applied Section 9 of the IBC to the facts of the case and found

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## Parties

- **Judges:** Jinan…; Harish Chander…
- **Appellants:** M/s. Texchem…
- **Respondents:** BHOWMIK DYEING…; M/s. Bhowmik…

## Timeline

- **2008-05-12 — Incorporation of…**: Bhowmik Dyeing and Bleaching…
- **2017-03-16 — Invoice Perio…**: Start date of the period for…

## 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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