# In the matter of Mataji Dyeing Mills Pvt Limited C.P. No. (IB) 400-9-NCLT-AHM-2019

> NCLT judgment dated 2020-10-07. Citation: TCN-2020-NCLT-00443. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 7 Oct 2020
- **Citation:** TCN-2020-NCLT-00443
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/mataji-dyeing-mills-pvt-limited-cp-no-ib-400-9-nclt-ahm-2019-a72de006

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 by Mr. Manoj Kumar Lakhera, proprietor of M/s. Manoj Kumar & Company, against Mataji Dyeing Mills Pvt Ltd, the corporate debtor. The applicant, an operational creditor, claimed that the corporate debtor defaulted in paying outstanding dues for the supply of textile chemicals. Multiple business transactions occurred between the parties since June 2017, with the respondent initially making timely payments. However, from the financial year 2018-19 onwards, payments became irregular. Despite reminders, the outstanding dues remained unpaid, leading the applicant to issue demand notices.

## Facts

Mr. Manoj Kumar Lakhera, proprietor of M/s. Manoj Kumar & Company, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 against Mataji Dyeing Mills Pvt Ltd, claiming to be an operational creditor. The applicant supplied textile chemicals to the respondent. Business transactions occurred between the parties since June 2017, with initial timely payments. From the financial year 2018-19, the respondent's payments became irregular. The last payment of Rs. 1,18,511/- was made on 2018-08-18. Despite telephonic reminders, the applicant issued a demand notice dated 2018-12-18 for Rs. 7,45,978.00, including interest. A subsequent demand notice dated 2019-01-11 claimed Rs. 7,46,492.00, including interest of Rs. 47,625/-. The corporate debtor denied

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## Issues and analysis

### Issue 1: Whether there is an 'operational debt' as defined …

**Ratio:** Section 4 of the Insolvency and Bankruptcy Code, 2016 defines the threshold for

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**Reasoning:** The adjudicating authority considered the documentary evidence, including invoices and

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**Interpretation:** The interpretation of Section 4 requires a clear determination of the

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**Application:** In this case, the invoices and demand notices showed that the outstanding debt

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## Parties

- **Judges:** Manorama…; Chockalingam…
- **Appellants:** Manoj Kumar…
- **Respondents:** M/s. Mataji…

## Timeline

- **2017-06-01 — Business Transactions…**: Multiple business transactions commenced…
- **2018-08-18 — Last Pay…**: The last payment of Rs. 1,18,511/- was…

## 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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