# In the matter of Komorebi Exports Private Limited Company Petition No.(IB)344-ALD-2018

> NCLT judgment dated 2019-01-10. Citation: TCN-2019-NCLT-05270. Sunder Kumar, proprietor of Goldy Garments, filed a petition under Section 9 of the Insolvency…

- **Court:** NCLT
- **Order date:** 10 Jan 2019
- **Citation:** TCN-2019-NCLT-05270
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/komorebi-exports-private-limited-company-petition-noib344-ald-2018-b25b25b7

## Summary

### Background

Sunder Kumar, proprietor of Goldy Garments, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate the Corporate Insolvency Resolution Process (CIRP) against Komorebi Exports Private Limited. The petition was based on an unpaid operational debt arising from the supply of stitching machines. Komorebi Exports Private Limited is a company registered under the Companies Act, with its registered office in Sahibabad, Ghaziabad, Uttar Pradesh. The operational creditor claimed that the corporate debtor defaulted on payment of an invoice raised on 15.04.2016 for Rs. 10,86,605/-. The operational creditor served a demand notice to the corporate debtor on 31.07.2018, and the corporate debtor replied on 10.08.2018 without raising any

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## Facts

Sunder Kumar, the proprietor of Goldy Garments, filed a petition against Komorebi Exports Private Limited under Section 9 of the Insolvency and Bankruptcy Code, 2016. The claim arose from the supply of stitching machines to Komorebi Exports in 2016, for which an invoice of Rs. 10,86,605/- was raised on 15.04.2016. The corporate debtor was required to pay within 30 days, but defaulted. The operational creditor claimed Rs. 15,17,436/-, including interest at 18% per annum. A demand notice was served on 31.07.2018, and the corporate debtor replied on 10.08.2018 without disputing the claim. The corporate debtor proposed to pay Rs. 4,25,000/-, which the operational creditor rejected. The date of default was 15.05.2016. The corporate debtor admitted its inability to pay the

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## Issues and analysis

### Issue 1: Whether the petition filed by the operational creditor, Sunder Kumar, is complete and admissible …

**Ratio:** A petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, is admissible if

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**Reasoning:** The court observed that the petitioner had filed all necessary documents, including the

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**Interpretation:** Section 9 of the IBC outlines the requirements for an operational creditor to

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**Application:** The court applied the ratio to the facts by verifying that all required

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## Parties

- **Judges:** BIKKI RAVEENDRA…; Saroj Ra…
- **Appellants:** Sunder…
- **Respondents:** Komorebi Exports…

## Timeline

- **2016-04-15 — Invoice…**: Invoice of Rs. 10,86,605/- raised…
- **2016-05-15 — Default…**: Expiry of 30-day credit period from the…

## 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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