# In the matter of Manpasand Beverages Ltd. C.P.. (I.B) No. 722-NCLT-AHM-2019

> NCLT judgment dated 2020-09-14. Citation: TCN-2020-NCLT-00633. National Polyplast (India) Private Limited, as a financial creditor, filed a petition under…

- **Court:** NCLT
- **Order date:** 14 Sept 2020
- **Citation:** TCN-2020-NCLT-00633
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/manpasand-beverages-ltd-cp-ib-no-722-nclt-ahm-2019-9fafba34

## Summary

### Background

National Polyplast (India) Private Limited, as a financial creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Manpasand Beverages Limited, the corporate debtor. The petition was based on an alleged default in payment for goods supplied by National Polyplast to Manpasand Beverages. The applicant claimed an outstanding amount of Rs. 53,78,484/- for goods supplied, along with an interest of Rs. 1,59,023/-, totaling Rs. 55,37,507/-. The corporate debtor contested the application, raising issues regarding the validity of the demand notice and the existence of a prior dispute.

## Facts

National Polyplast (India) Private Limited, registered on April 16, 1992, is engaged in manufacturing PET preforms, bottle crates, and display racks. Manpasand Beverages Limited, registered on December 17, 2010, is the corporate debtor. National Polyplast claimed that Manpasand Beverages owed Rs. 53,78,484/- for goods supplied, plus Rs. 1,59,023/- in interest, totaling Rs. 55,37,507/-, based on invoices from December 13, 2017, to April 25, 2019. National Polyplast issued a demand notice dated July 6, 2019, seeking payment. Manpasand Beverages contested the demand notice, arguing that it was issued by an unauthorized person and that there was a pre-existing dispute regarding delays in supplying goods. The demand notice was issued by Mr. Vaibhav Mohnot, legal counsel for

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## Issues and analysis

### Issue 1: Whether the demand notice issued under Section 8 of the Insolvency and Bankruptcy Code, 2016, was …

**Ratio:** A demand notice under Section 8 of the Insolvency and Bankruptcy Code, 2016, must be

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**Reasoning:** The NCLT found that the demand notice was signed and issued by Mr. Vaibhav Mohnot, legal

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**Interpretation:** The interpretation of Section 8 of the IBC requires strict adherence to the

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**Application:** In this case, the NCLT applied the ratio by examining the records and finding

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## Parties

- **Judges:** Manorama…; Chockalingam…
- **Appellants:** National Polyplast…
- **Respondents:** Manpasand…
- **Advocates:** Nilu K. Vai…; Kamlesh Vai…; +1 more

## Timeline

- **1992-04-16 — Company Regis…**: National Polyplast (India) Private Limited…
- **2010-12-17 — Company Regis…**: Manpasand Beverages Limited…

## 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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