# In the matter of NPAT Furniture Private Limited C.P. (I.B) No. 171-9-NCLT-AHM-2019

> NCLT judgment dated 2019-12-18. Citation: TCN-2019-NCLT-00106. M/s. M. S. Enterprise, an operational creditor, filed an IB petition under Section 9 of the…

- **Court:** NCLT
- **Order date:** 18 Dec 2019
- **Citation:** TCN-2019-NCLT-00106
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/npat-furniture-private-limited-cp-ib-no-171-9-nclt-ahm-2019-59378e34

## Summary

### Background

M/s. M. S. Enterprise, an operational creditor, filed an IB petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of the Corporate Insolvency Resolution Process (CIRP) against M/s. NPAT Furniture Pvt. Ltd., the corporate debtor. M/s. M. S. Enterprise claimed to be involved in the business of importing and supplying various wood coatings and solutions. They stated that NPAT Furniture approached them for purchasing materials like PU Thinner and PU Sealers between October 2016 and November 2017, resulting in considerable transactions. The operational creditor supplied the materials as per the corporate debtor's requirements and generated invoices. The corporate debtor never raised any dispute regarding the quality of goods. The last

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## Facts

M/s. M. S. Enterprise, an operational creditor, filed an IB petition against M/s. NPAT Furniture Pvt. Ltd., the corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. M/s. M. S. Enterprise claimed that NPAT Furniture approached them for purchasing materials between October 2016 and November 2017. M/s. M. S. Enterprise supplied materials as per the corporate debtor's requirements and generated invoices. The corporate debtor never disputed the quality of the goods. The last payment was made on 02.05.2018 for Rs. 50,000. The total outstanding amount was Rs. 9,34,694, with an additional interest claim of Rs. 3,02,352. The total claimed amount was Rs. 12,38,046. M/s. M. S. Enterprise sent reminders, but the corporate debtor did not respond. A demand

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## Issues and analysis

### Issue 1: Whether the present IB petition filed under Section 9 of the code is complete for the purpose of …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, outlines the requirements for an

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**Reasoning:** The Tribunal considered the facts presented, including the operational creditor's claim,

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**Interpretation:** Section 9 requires the operational creditor to provide evidence of debt and

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**Application:** In this case, the Tribunal found that the operational creditor had provided

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## Parties

- **Judges:** Harihar Prakash…; Prasanta Kumar…
- **Appellants:** M/s. M.S.…
- **Respondents:** M/s. NPAT…

## Timeline

- **2016-10-01 — Transaction…**: NPAT Furniture approached M/s. M. S. Enterprise for purchasing materials between October…
- **2017-11-01 — Transactio…**: NPAT Furniture approached M/s. M. S. Enterprise for purchasing materials between October…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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