# in the matter of Mothers Pride Dairy India Pvt. Ltd. CP No. (IB)-60 (PB)-2017

> NCLT judgment dated 2017-06-27. Citation: TCN-2017-NCLT-00779. M/s. Portrait Advertising & Marketing Pvt. Ltd., the Operational Creditor, filed an application…

- **Court:** NCLT
- **Order date:** 27 Jun 2017
- **Citation:** TCN-2017-NCLT-00779
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/mothers-pride-dairy-india-pvt-ltd-cp-no-ib-60-pb-2017-1c205212

## Summary

### Background

M/s. Portrait Advertising & Marketing Pvt. Ltd., the Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process against M/s. Mothers Pride Dairy India Pvt. Ltd., the Corporate Debtor. The Operational Creditor provided marketing and advertising services to the Corporate Debtor, and a contract was entered into on 2016-04-14. Invoices were raised, and an outstanding amount of Rs. 64,49,530/- remained after payments.

## Facts

M/s. Portrait Advertising & Marketing Pvt. Ltd. (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process against M/s. Mothers Pride Dairy India Pvt. Ltd. (Corporate Debtor). The Operational Creditor is a registered company providing marketing and advertising services. The Corporate Debtor hired the Operational Creditor in 2016 for marketing and advertising services, leading to a contract on 2016-04-14. The Operational Creditor raised invoices for services rendered. The total outstanding amount was calculated to be Rs. 64,49,530/-. The Corporate Debtor claimed that vital facts were suppressed and raised complaints about the quality of service, citing emails

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## Issues and analysis

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

**Ratio:** The legal principle applied is that if there is a debt and a default, and the application

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**Reasoning:** The court reasoned that the Operational Creditor had provided services, invoices were

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**Interpretation:** Section 9 of the IBC allows an operational creditor to initiate CIRP if a debt

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**Application:** The court applied the ratio to the facts by determining that the Operational

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## Parties

- **Judges:** CHIEF JUSTICE…; Deepa Kr…; +1 more
- **Appellants:** M/s. Portrait…
- **Respondents:** M/s Mothers Pride…

## Timeline

- **2016-04-14 — Contract…**: Parties entered into a contract for…
- **2016-09-06 — Email Regarding Service…**: Email dated 2016-09-06 raised issues regarding the poor quality of wall painting…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 19 — Personnel to extend co-operation to interim…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-19)

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