# In the matter of Malwa Cotton Spinning Mills Ltd. CP (IB) No.285-Chd-Pb-2018

> NCLT judgment dated 2020-02-07. Citation: TCN-2020-NCLT-02035. BLR Logistiks [I] Ltd., an operational creditor, filed a petition under Section 9 of the…

- **Court:** NCLT
- **Order date:** 7 Feb 2020
- **Citation:** TCN-2020-NCLT-02035
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/malwa-cotton-spinning-mills-ltd-cp-ib-no285-chd-pb-2018-d4fbf508

## Summary

### Background

BLR Logistiks [I] Ltd., an operational creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Malwa Cotton Spinning Mills Ltd., the corporate debtor, for initiation of the Corporate Insolvency Resolution Process (CIRP). The operational creditor claimed default in payment for services provided, including transportation, detention, and warehousing, based on invoices from 28.09.2010 to 23.07.2015. The corporate debtor contested the petition, alleging that the claim was barred by limitation and that the operational creditor was responsible for causing damage to the goods during transportation and warehousing, for which debit notes were issued.

## Facts

BLR Logistiks [I] Ltd. (operational creditor) filed a petition against Malwa Cotton Spinning Mills Ltd. (corporate debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016. The operational creditor provided transportation, detention, and warehousing services to the corporate debtor, with invoices issued between 28.09.2010 and 23.07.2015. The operational creditor claimed an outstanding debt of ₹19,19,471/-. A demand notice was sent on 04.01.2018, delivered on 17.01.2018. The corporate debtor denied the allegations, claiming the petition was barred by limitation, and alleged damage to goods during transportation and warehousing, issuing debit notes for ₹17 lacs on 30.04.2017. The operational creditor denied receiving the debit notes. The last payment of

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## Issues and analysis

### Issue 1: Whether the petition filed by the operational creditor is complete and meets the requirements of …

**Ratio:** Section 9(5)(i) of the Code specifies the conditions for admitting an application,

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**Reasoning:** The Adjudicating Authority found that the operational debt remained unpaid, the demand

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**Interpretation:** Section 9 of the IBC outlines the process and requirements for an operational

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**Application:** The Adjudicating Authority determined that the application was complete, the

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## Parties

- **Judges:** Ajay Kumar…; Pradeep R.…
- **Appellants:** BLR Logistiks [I]…
- **Respondents:** Malwa Cotton…
- **Advocates:** Vaibhav S…; D.S. S…

## Timeline

- **2010-09-28 — Invoice Perio…**: Start date of the period for which invoices…
- **2015-07-23 — Invoice Per…**: End date of the period for which invoices…

## 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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