# In the matter of Juggilal Kamlpat jute Mills Company Ltd. CP (IB) No. 156-ALD-2017

> NCLT judgment dated 2018-04-10. Citation: TCN-2018-NCLT-01567. The case involves a Company Petition (IB) No.156/ALD/2017 filed under Section 9 of the…

- **Court:** NCLT
- **Order date:** 10 Apr 2018
- **Citation:** TCN-2018-NCLT-01567
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/juggilal-kamlpat-jute-mills-company-ltd-cp-ib-no-156-ald-2017-b3511c34

## Summary

### Background

The case involves a Company Petition (IB) No.156/ALD/2017 filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rule, 2016. The operational creditor, M/s Laxmichand Bansidhar, initiated the Corporate Insolvency Resolution Process (CIRP) against the respondent/corporate debtor, M/s Juggilal Kamlpat Jute Mills Company Limited, for an alleged unpaid operational debt. The corporate debtor raised objections regarding the maintainability of the application, disputing the debt and claiming it was barred by limitation. The operational creditor claimed that goods worth Rs. 3,71,356/- were sold and delivered to the corporate debtor, and the debt was outstanding as of

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## Facts

M/s Laxmichand Bansidhar, an operational creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against M/s Juggilal Kamlpat Jute Mills Company Limited, the corporate debtor. The operational creditor claimed that goods worth Rs. 3,71,356/- were sold and delivered to the corporate debtor, with the debt outstanding as of 31.03.2004. The operational creditor submitted invoices, a demand notice dated 14.08.2017, and an acknowledgment of debt dated 20.09.2004. The corporate debtor objected to the petition, arguing that the invoices were not valid as they were not on the letterhead of the operational creditor and lacked signatures. The corporate debtor also claimed that the

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## Issues and analysis

### Issue 1: Whether the margin bills/invoices submitted by the operational creditor are valid for triggering …

**Ratio:** Section 9(3)(a) of the Insolvency and Bankruptcy Code, 2016 requires the petitioner to

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**Reasoning:** The court observed that the invoices filed by the operational creditor were not on the

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**Interpretation:** The interpretation of Section 9(3)(a) emphasizes the need for proper

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**Application:** In this case, the court found that the invoices submitted by the operational

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## Parties

- **Judges:** V. P. S…; Saroj Ra…
- **Appellants:** M/s Laxmichand…
- **Respondents:** M/s Juggilal…
- **Advocates:** Ashish Sriv…; Nesar A…

## Timeline

- **2004-03-31 — Outstandin…**: Operational Creditor claims debt of Rs.…
- **2004-09-20 — Acknowledgemen…**: Corporate Debtor…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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