# In the matter of Nibula Print and Pack Pvt. Ltd. (IB) 1138(ND)-2018

> NCLT judgment dated 2018-12-11. Citation: TCN-2018-NCLT-00117. The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 11 Dec 2018
- **Citation:** TCN-2018-NCLT-00117
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/nibula-print-and-pack-pvt-ltd-ib-1138nd-2018-e43e711a

## Summary

### Background

The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by R J Packwells Pvt. Ltd. against Nibula Print and Pack Pvt Ltd, seeking initiation of the Corporate Insolvency Resolution Process (CIRP). The applicant claimed that the respondent defaulted on payments for the supply of materials, specifically duplex and coated boards. The applicant issued demand notices under Section 8 of the Code after the respondent failed to make payments despite reminders. The respondent did not appear to contest the application.

## Facts

R J Packwells Pvt. Ltd. (the applicant) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) against Nibula Print and Pack Pvt Ltd (the respondent). The applicant claimed that the respondent defaulted on payments for the supply of materials (duplex and coated boards). The applicant and respondent had a business relationship involving the supply of materials. The applicant raised 39 invoices totaling INR 1,63,56,726/-, which remained unpaid from September 2017 onwards. The applicant issued demand notices under Section 8 of the IBC on 15.06.2018 and 04.07.2018 for a total amount of Rs. 2,00,31,713/-, including interest. The respondent failed to reply to the demand notices and did not appear before the tribunal despite being served. The

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## Issues and analysis

### Issue 1: Whether the applicant, R J Packwells Pvt. Ltd., qualifies as an 'Operational Creditor' under the …

**Ratio:** An 'Operational Creditor' is defined under Section 5(20) of the IBC as a person to whom

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**Reasoning:** The tribunal reasoned that since the applicant supplied goods to the respondent, they

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**Interpretation:** The interpretation of 'Operational Creditor' is based on the nature of the

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**Application:** In this case, R J Packwells Pvt. Ltd. supplied materials (duplex and coated

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## Parties

- **Judges:** Ina Mal…; Deepa Kr…; +1 more
- **Appellants:** R.J. PACKWELLS…
- **Respondents:** Nibula Print &…

## Timeline

- **2017-09-01 — Debt Fel…**: The debt of INR 1,63,56,726/- fell due on…
- **2018-06-15 — Demand Notice…**: The applicant issued a demand notice under…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 5(20) — Definitions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-5)

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