# In the matter of Mark Splendour Nonwovens Pvt. Ltd. IB No. 68-9-JPR-2018

> NCLT judgment dated 2018-10-26. Citation: TCN-2018-NCLT-00472. The case originates from the National Company Law Tribunal, Jaipur, under Section 9 of the…

- **Court:** NCLT
- **Order date:** 26 Oct 2018
- **Citation:** TCN-2018-NCLT-00472
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/mark-splendour-nonwovens-pvt-ltd-ib-no-68-9-jpr-2018-624d843c

## Summary

### Background

The case originates from the National Company Law Tribunal, Jaipur, under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016. Dakota Chemicals India Pvt. Ltd., the applicant/petitioner, filed a petition against Mark Splendour Nonwovens Pvt. Ltd., the respondent. The order was delivered on October 26, 2018. The petitioner's counsel represented that a notice under Section 8 of the IBC had been served to the Corporate Debtor, but an affidavit under section 9(3)(b) had not been filed.

## Facts

Dakota Chemicals India Pvt. Ltd. filed a petition against Mark Splendour Nonwovens Pvt. Ltd. under Section 9 of the IBC, 2016. The petitioner claimed to have served a notice under Section 8 of the IBC to the Corporate Debtor. However, the petitioner failed to file an affidavit under section 9(3)(b), which is required to demonstrate compliance with the procedural requirements of the IBC. The court noted this deficiency and directed the petitioner to file the affidavit with specific details regarding the dispatch and service of the Section 8 notice, as well as the expiration date of the response period. The relevance of these facts lies in establishing whether the operational creditor (Dakota Chemicals) followed the correct procedure before initiating the insolvency

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## Issues and analysis

### Issue 1: Whether the petitioner, Dakota Chemicals India Pvt. Ltd., complied with the procedural requirements …

**Ratio:** The ratio is that strict adherence to the procedural requirements of the IBC is essential

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**Reasoning:** The court reasoned that the absence of the affidavit under Section 9(3)(b) constitutes a

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**Interpretation:** Section 9(3)(b) of the IBC is interpreted as a mandatory requirement for an

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**Application:** In this specific case, the court applied the ratio by directing the petitioner,

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## Parties

- **Judges:** R. VARADH…
- **Appellants:** Dakota Chemicals…
- **Respondents:** Mark Splendour…

## Timeline

- **2018-10-26 — Order Del…**: The order was delivered by the…
- **2018-11-30 — Matter P…**: The matter was posted…

## 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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