# In the matter of Jason Dekor Private Limited C.P. No.(IB) 39-9-NCLT-AHM-2018

> NCLT judgment dated 2019-01-16. Citation: TCN-2019-NCLT-05232. Windson Chemicals Private Limited, an operational creditor, filed an application under Section…

- **Court:** NCLT
- **Order date:** 16 Jan 2019
- **Citation:** TCN-2019-NCLT-05232
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/jason-dekor-private-limited-cp-noib-39-9-nclt-ahm-2018-7246d052

## Summary

### Background

Windson Chemicals Private Limited, an operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Jason Dekor Private Limited, the corporate debtor, for initiation of the corporate insolvency resolution process due to unpaid dues for the supply of commercial resin. The applicant claimed that the corporate debtor owed a principal amount of Rs. 44,52,415/- for supplies made between December 2013 and February 2016, along with an interest amount of Rs. 22,84,844/-. The corporate debtor had issued cheques amounting to Rs. 19,88,229/-, which were dishonored, leading to proceedings under Section 138 of the Negotiable Instruments Act, 1881. The corporate debtor filed a quashing petition before the Hon'ble High Court of

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## Facts

Windson Chemicals Private Limited (the applicant/operational creditor) filed an application against Jason Dekor Private Limited (the respondent/corporate debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of the corporate insolvency resolution process. The applicant claimed that the respondent owed Rs. 44,52,415/- for supplies made between December 2013 and February 2016, along with interest of Rs. 22,84,844/-, totaling Rs. 67,37,259/-. The respondent had issued cheques amounting to Rs. 19,88,229/-, which were dishonored, leading to proceedings under Section 138 of the Negotiable Instruments Act, 1881. The respondent filed a quashing petition before the High Court, which quashed the criminal complaints. The applicant issued a demand

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## Issues and analysis

### Issue 1: Whether the petition filed under Section 9 of the …

**Ratio:** A petition under Section 9 is maintainable if the operational debt exists, a demand

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**Reasoning:** The Adjudicating Authority found that the operational debt existed and that the applicant

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**Interpretation:** Section 9 of the IBC allows an operational creditor to initiate CIRP if a debt

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**Application:** The Adjudicating Authority applied the ratio to the facts, noting that the debt

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## Parties

- **Judges:** Harihar Prakash…; Manorama…
- **Appellants:** Windson Chemicals…
- **Respondents:** Jason Dekor Pvt.…
- **Advocates:** Jaimin…

## Timeline

- **2013-12-01 — Supply of Commercial…**: Applicant supplied commercial resin to the…
- **2016-02-01 — End of Supply…**: The period of supply of commercial resin from…

## 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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