# In the matter of Jekson Machinery Pvt. Ltd. C. P. (I.B) No. 768-NCLT-AHM-2019

> NCLT judgment dated 2020-07-29. Citation: TCN-2020-NCLT-00941. The case involves Accurate Engineering Group, an operational creditor, filing a petition under…

- **Court:** NCLT
- **Order date:** 29 Jul 2020
- **Citation:** TCN-2020-NCLT-00941
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/jekson-machinery-pvt-ltd-c-p-ib-no-768-nclt-ahm-2019-7db52628

## Summary

### Background

The case involves Accurate Engineering Group, an operational creditor, filing a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Jekson Machinery Private Limited, the corporate debtor, for non-payment of outstanding dues. Accurate Engineering Group placed a purchase order with Jekson Machinery for a CNC Press Brake, paid an advance, but Jekson Machinery failed to deliver the machinery as per the agreed schedule. Despite reminders, Jekson Machinery failed to pay the outstanding dues, leading to the filing of the petition.

## Facts

Accurate Engineering Group (operational creditor) placed a purchase order with Jekson Machinery Private Limited (corporate debtor) on 2019-03-12 for a CNC Press Brake, model JCPB-2026. The machinery was to be delivered by 2019-03-27. Accurate Engineering Group paid an advance of Rs. 12,00,000/- (60% of the total amount) on 2019-03-13, which was acknowledged by Jekson Machinery. Jekson Machinery failed to deliver the CNC Press Brake as per the schedule. On 2019-05-21, Jekson Machinery issued four post-dated cheques of Rs. 3,00,000/- each, dated 2019-05-30 and 2019-06-10, which were dishonored due to lack of funds. Accurate Engineering Group sent multiple reminders in July 2019 for the payment of outstanding dues of Rs. 12,00,000/-, but Jekson Machinery failed to pay. A

…

## Issues and analysis

### Issue 1: Whether the application filed by the operational creditor is maintainable under Section 9 of the …

**Ratio:** The application under Section 9 of the IBC must be filed by a duly authorized person. If

…

**Reasoning:** The court found that the demand notice was signed by Ms. Jyoti Swarup, who was not

…

**Interpretation:** Section 9 of the IBC requires strict compliance with the procedural

…

**Application:** In this case, the lack of proper authorization for Ms. Jyoti Swarup to sign the

…

## Parties

- **Judges:** Manorama…
- **Appellants:** Accurate Engineeri…
- **Respondents:** Jekson Machinery…

## Timeline

- **2019-03-12 — Purchase…**: Accurate Engineering Group placed a purchase order with Jekson Machinery for a CNC Press…
- **2019-03-13 — Advance P…**: Accurate Engineering Group paid an advance…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/jekson-machinery-pvt-ltd-c-p-ib-no-768-nclt-ahm-2019-7db52628