# In the matter of Moser Baer Electronics Limited Company Petition No. IB-1265-ND-2019

> NCLT judgment dated 2019-07-17. Citation: TCN-2019-NCLT-02467. The case pertains to an application filed by Autonix Lighting Industries Private Limited (the…

- **Court:** NCLT
- **Order date:** 17 Jul 2019
- **Citation:** TCN-2019-NCLT-02467
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/moser-baer-electronics-limited-company-petition-no-ib-1265-nd-2019-cde3fbf5

## Summary

### Background

The case pertains to an application filed by Autonix Lighting Industries Private Limited (the Applicant/Operational Creditor) under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, seeking initiation of the Corporate Insolvency Resolution Process (CIRP) against Moser Baer Electronics Limited (the Respondent/Corporate Debtor). The applicant claims that the corporate debtor defaulted in making payments for the supply of LED tube lights and drivers, leading to an outstanding operational debt.

## Facts

Autonix Lighting Industries Private Limited (the applicant) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against Moser Baer Electronics Limited (the corporate debtor). The applicant is a private limited company incorporated on 18.05.2006. The corporate debtor is also a limited company incorporated on 14.09.2006. During their business relationship, the corporate debtor placed purchase orders with the applicant for LED tube lights and drivers. The applicant supplied the goods and raised invoices, with payment terms requiring the corporate debtor to make payments within 45 days of delivery. The corporate debtor defaulted on payments, leading to an outstanding debt of Rs.

…

## Issues and analysis

### Issue 1: Whether the application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, is …

**Ratio:** Section 9 of the IBC, read with Rule 6 of the Insolvency and Bankruptcy (Application to

…

**Reasoning:** The Tribunal perused the replies of both parties and found that there was an admitted

…

**Interpretation:** The completeness and maintainability of the application are determined by

…

**Application:** In this case, the application was found to be complete, with the applicant

…

## Parties

- **Judges:** DEEPTI M…; Pradeep R.…
- **Appellants:** Autonix Lighting…
- **Respondents:** Moser Baer…

## Timeline

- **2006-05-18 — Incorporation of…**: Autonix Lighting Industries…
- **2006-09-14 — Incorporation of…**: Moser Baer Electronics…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/moser-baer-electronics-limited-company-petition-no-ib-1265-nd-2019-cde3fbf5