# In the matter of Noble Consolidated Glazigs Ltd. CP-667-2018

> NCLT judgment dated 2018-12-13. Citation: TCN-2018-NCLT-00083. The case involves an application filed by M/s. Fuso Glass India Pvt. Ltd. (Operational…

- **Court:** NCLT
- **Order date:** 13 Dec 2018
- **Citation:** TCN-2018-NCLT-00083
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/noble-consolidated-glazigs-ltd-cp-667-2018-721a8c67

## Summary

### Background

The case involves an application filed by M/s. Fuso Glass India Pvt. Ltd. (Operational Creditor) under Section 9 of the Insolvency & Bankruptcy Code, 2016, against M/s. Noble Consolidated Glazigs Ltd. (Corporate Debtor) to initiate the Corporate Insolvency Resolution Process (CIRP). The Operational Creditor claimed Rs.1,36,61,274/- as due on 12.05.2018. The Corporate Debtor allegedly failed to pay for laminated, insulated, and toughened glasses supplied by the Operational Creditor, with Rs.79,42,602/- due as of 01.03.2014. The Operational Creditor sent a demand notice on 23.03.2018, to which the Corporate Debtor replied on 02.04.2018, raising a dispute. The Corporate Debtor argued that the application was not maintainable, an abuse of process, and filed with the

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## Facts

M/s. Fuso Glass India Pvt. Ltd. (Operational Creditor) filed an application under Section 9 of the Insolvency & Bankruptcy Code, 2016, against M/s. Noble Consolidated Glazigs Ltd. (Corporate Debtor) to initiate the Corporate Insolvency Resolution Process (CIRP). The Operational Creditor claimed Rs.1,36,61,274/- was due as of 12.05.2018. The debt arose from the supply of laminated, insulated, and toughened glasses to the Corporate Debtor, with Rs.79,42,602/- due as of 01.03.2014. The Corporate Debtor received the goods and approved them without objections. The Operational Creditor sent a demand notice on 23.03.2018. The Corporate Debtor replied on 02.04.2018, raising a dispute. The Corporate Debtor argued that the application was not maintainable, an abuse of

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor under Section 9 of the I&B Code, …

**Ratio:** The application under Section 9 of the I&B Code, 2016, is not maintainable if there

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**Reasoning:** The court considered the Corporate Debtor's argument that the application was not

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**Interpretation:** Section 9 of the I&B Code, 2016, requires that there should be no existing

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**Application:** In this case, the Corporate Debtor raised a dispute regarding the quality of

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## Parties

- **Judges:** Ch. Mohd Sharief…
- **Appellants:** M/s. Fuso Glass…
- **Respondents:** M/s. Noble…

## Timeline

- **2014-03-01 — Debt Due…**: Rs.79,42,602/- was due to the…
- **2014-03-07 — Acknowledgemen…**: Debt acknowledged vide…

## 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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