# In the matter of Pooja Tex-Prints Pvt Ltd C.P (IB) No 1-9-NCLT- AHM- 2017

> NCLT judgment dated 2017-03-29. Citation: TCN-2017-NCLT-00940. Gaurinandan Fashion Private Limited filed a petition under Section 9 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 29 Mar 2017
- **Citation:** TCN-2017-NCLT-00940
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/pooja-tex-prints-pvt-ltd-cp-ib-no-1-9-nclt-ahm-2017-e7f94d07

## Summary

### Background

Gaurinandan Fashion Private Limited filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Pooja Tex-Prints Private Limited, claiming to be an operational creditor. The claim arose from the supply of sarees totaling INR 13,62,000.65 in May 2015, for which invoices were raised. Despite accepting the goods without complaint, Pooja Tex-Prints Private Limited failed to make payments as per the invoice terms and conditions. Gaurinandan Fashion Private Limited sent multiple letters to Pooja Tex-Prints Private Limited between September 2015 and December 2016, seeking payment. A demand notice was issued on January 5, 2017, and delivered to the corporate debtor on January 9, 2017, but no payment or reply was received. The applicant then filed the

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## Facts

Gaurinandan Fashion Private Limited (the Applicant) supplied sarees to Pooja Tex-Prints Pvt. Ltd. (the Corporate Debtor) in May 2015, totaling INR 13,62,000.65. The Corporate Debtor accepted the goods without any complaint. The Applicant raised invoices for each transaction. The Corporate Debtor failed to make payments as per the invoice terms and conditions. The Applicant sent multiple letters to the Corporate Debtor between September 2015 and December 2016, seeking payment. A demand notice was issued on January 5, 2017, and delivered to the Corporate Debtor on January 9, 2017. The Corporate Debtor neither paid the amount nor replied to the demand notice within the stipulated 10-day period. The Applicant filed a petition under Section 9 of the Insolvency and

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## Issues and analysis

### Issue 1: Whether the claim is an …

**Ratio:** Section 5(21) of the Insolvency and Bankruptcy Code, 2016 defines 'operational debt' as a

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**Reasoning:** The Adjudicating Authority found that the Applicant supplied sarees to the Corporate

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**Interpretation:** The definition of 'operational debt' is interpreted broadly to include claims

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**Application:** In this case, the supply of sarees by the Applicant to the Corporate Debtor

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## Parties

- **Judges:** BIKKI RAVEENDRA…
- **Appellants:** Gaurinandan…
- **Respondents:** Pooja Tex-Prints…; Pooja Tex-Prints…

## Timeline

- **2015-05-01 — Supply of…**: Gaurinandan Fashion Private Limited supplied sarees to Pooja Tex-Prints Pvt. Ltd.…
- **2015-05-04 — Invoice…**: Dates of invoices commence from…

## 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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