# In the matter of Print Plus Private Limited CP(IB) 369(MB)-2018

> NCLT judgment dated 2019-05-31. Citation: TCN-2019-NCLT-03116. Kanan Graphics Private Limited, the Operational Creditor, filed a petition under Section 9 of…

- **Court:** NCLT
- **Order date:** 31 May 2019
- **Citation:** TCN-2019-NCLT-03116
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/print-plus-private-limited-cpib-369mb-2018-97e8d501

## Summary

### Background

Kanan Graphics Private Limited, the Operational Creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 (I&B Code) against Print Plus Private Limited, the Corporate Debtor, for defaulting on payments of ₹15,96,723/- against invoices. The Corporate Debtor raised disputes regarding the quality of goods supplied, claiming a loss of ₹28,00,000/- due to defective goods. The Operational Creditor argued that the Corporate Debtor accepted credit notes for the defective goods, settling the dispute. The Corporate Debtor had also filed a prior application for the same claim, which was dismissed.

## Facts

Kanan Graphics Private Limited (Operational Creditor) supplied goods to Print Plus Private Limited (Corporate Debtor). The Corporate Debtor claimed the goods were defective, leading to a loss of ₹28,00,000. The Operational Creditor issued credit notes for the defective goods, which the Corporate Debtor accepted. The Operational Creditor issued a demand notice on 5.5.2017 for ₹15,96,723. The Corporate Debtor raised a dispute regarding the defective goods in its reply to the demand notice. The Operational Creditor filed a petition under Section 9 of the I&B Code. The Corporate Debtor had also filed a prior application for the same claim, which was dismissed. The date of default is stated as 29.02.2016. The Operational Creditor states that it is in the business of

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## Issues and analysis

### Issue 1: Whether the dispute raised by the Corporate Debtor regarding defective goods constitutes a …

**Ratio:** The Hon'ble Supreme Court in Mobilox Innovations Pvt Ltd. (supra.) has held that it is

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**Reasoning:** The court reasoned that the Corporate Debtor raised the dispute regarding defective goods

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**Interpretation:** The interpretation of 'pre-existing dispute' requires that the dispute must

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**Application:** In this case, the Corporate Debtor raised the dispute regarding defective goods

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## Parties

- **Judges:** V. P. S…; Ravikumar…
- **Appellants:** Kanan Graphics…
- **Respondents:** Print Plus…

## Timeline

- **2016-01-23 — Quotation…**: Operational Creditor raised a…
- **2016-02-29 — Date of D…**: The date of default is…

## 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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