# In the matter of Jungbusch Ales India Private Limited C.P. (IB)No. 150-BB-2020

> NCLT judgment dated 2020-11-04. Citation: TCN-2020-NCLT-00295. The case involves a petition filed by Hypro Engineers Private Limited (Operational…

- **Court:** NCLT
- **Order date:** 4 Nov 2020
- **Citation:** TCN-2020-NCLT-00295
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/jungbusch-ales-india-private-limited-cp-ibno-150-bb-2020-8db67ccc

## Summary

### Background

The case involves a petition filed by Hypro Engineers Private Limited (Operational Creditor/Petitioner) under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against Jungbusch Ales India Private Limited (Corporate Debtor/Respondent). The Operational Creditor claimed a default on a principal outstanding amount of Rs. 59,80,000 along with interest of Rs. 27,13,000 as of December 15, 2019, for the supply of microbrewery systems. Disputes arose regarding payments, with the Respondent alleging defects in the machinery and claiming revenue loss. The Respondent also stated that no debt was payable and that they had not received a Demand Notice under Section 8 of the Code. The case was listed on multiple

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## Facts

Hypro Engineers Private Limited (Operational Creditor) filed a petition under Section 9 of the IBC, 2016, against Jungbusch Ales India Private Limited (Corporate Debtor) for default in payment of Rs. 59,80,000 plus interest of Rs. 27,13,000 as of December 15, 2019, related to the supply of two microbrewery systems. The Corporate Debtor disputed the debt, claiming defects in the supplied machinery and revenue loss. The Corporate Debtor also stated that no demand notice was received under Section 8 of the IBC. The Corporate Debtor had also filed a Pre Institution Mediation Application. The parties subsequently filed a joint memo agreeing to settle all claims for Rs. 35,00,000, payable in installments by the Corporate Debtor. The Operational Creditor agreed to withdraw

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## Issues and analysis

### Issue 1: Whether the petition filed by the Operational Creditor under Section 9 of the IBC, 2016, should be …

**Ratio:** The NCLT has the power to allow the withdrawal of a petition under Section 9 of the IBC,

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**Reasoning:** The court considered the joint memo filed by both the Operational Creditor and the

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**Interpretation:** This legal issue involves the interpretation of the NCLT's power to allow the

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**Application:** In this case, the court applied the ratio by considering the joint memo filed

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## Parties

- **Judges:** Ashok Kumar…; Ashutosh C…
- **Appellants:** Hypro Engineers…
- **Respondents:** Jungbusch Ales…

## Timeline

- **2019-12-15 — Outstanding…**: Outstanding amount of Rs. 59,80,000 plus interest of Rs. 27,13,000 was due as of this…
- **2020-10-27 — Joint Memo…**: The Applicant and Respondent filed a…

## 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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