# In the matter of Mode Advertising and Marketing Pvt. Ltd. (IB)-2086(ND)-2019

> NCLT judgment dated 2019-10-15. Citation: TCN-2019-NCLT-00977. The case pertains to a petition filed by G.H. Prints Pvt. Ltd., the Operational Creditor, under…

- **Court:** NCLT
- **Order date:** 15 Oct 2019
- **Citation:** TCN-2019-NCLT-00977
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/mode-advertising-and-marketing-pvt-ltd-ib-2086nd-2019-5436ab8c

## Summary

### Background

The case pertains to a petition filed by G.H. Prints Pvt. Ltd., the Operational Creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) against Mode Advertising & Marketing Pvt. Ltd., the Corporate Debtor, for initiating the Corporate Insolvency Resolution Process (CIRP) due to unpaid operational debt. The Operational Creditor claimed to have supplied printed materials and rendered printing services to the Corporate Debtor, for which invoices remained unpaid. The petition was supported by a board resolution authorizing Mr. Anup Kumar Dwivedi to represent G.H. Prints Pvt. Ltd.

## Facts

G.H. Prints Pvt. Ltd. (Operational Creditor) filed a petition under Section 9 of the IBC, 2016, against Mode Advertising & Marketing Pvt. Ltd. (Corporate Debtor) for unpaid operational debt. G.H. Prints claimed to have supplied printed brochures, pamphlets, bills, and boarding passes, and rendered printing services to Mode Advertising between 11.04.2017 and 17.04.2017, raising invoices totaling Rs. 6,39,450. Mode Advertising made part payments, with the last payment of Rs. 1,00,000 on 13.07.2017, leaving a liability of Rs. 4,80,061 as of the date of the petition. A demand notice was sent on 11.07.2019 via speed post and email, but the postal notice was returned undelivered. The petition was supported by bank statements from HDFC Bank for the period 18.05.2017 to

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## Issues and analysis

### Issue 1: Whether the Operational Creditor, G.H. Prints Pvt. Ltd., has established a default in payment of …

**Ratio:** Section 9 of the IBC, 2016 allows an operational creditor to initiate CIRP against a

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**Reasoning:** The court reasoned that the Operational Creditor had submitted invoices for the goods and

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**Interpretation:** Section 9 of IBC, 2016 is interpreted to mean that if an operational creditor

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**Application:** In this case, G.H. Prints Pvt. Ltd. provided invoices showing the supply of

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## Parties

- **Judges:** Ina Mal…; Shri. L. N.…
- **Appellants:** G.H. Prints Pvt.…
- **Respondents:** Mode Advertising…
- **Advocates:** Ashutosh Kumar…

## Timeline

- **2017-04-11 — Invoices…**: G.H. Prints Pvt. Ltd. rendered printing services and supplied printed materials to Mode…
- **2017-07-13 — Last Part P…**: Mode Advertising & Marketing Pvt. Ltd. made the last part payment of Rs. 1,00,000 to G.H.…

## 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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