# In the matter of Quetzel Aluminex Furniture Systems Private Limited CP (IB) No. 138-BB-2017

> NCLT judgment dated 2017-12-18. Citation: TCN-2017-NCLT-00040. The case involves M/s. Balaji Timber Depot, an operational creditor, filing a petition against…

- **Court:** NCLT
- **Order date:** 18 Dec 2017
- **Citation:** TCN-2017-NCLT-00040
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/quetzel-aluminex-furniture-systems-private-limited-cp-ib-no-138-bb-2017-e646bafc

## Summary

### Background

The case involves M/s. Balaji Timber Depot, an operational creditor, filing a petition against M/s. Quetzel Furniture Systems Private Limited, the corporate debtor, for defaulting on a payment of Rs. 13,41,900/- for the supply of timber. The petition was filed under Section 9 of the Insolvency & Bankruptcy Code, 2016, seeking the initiation of the Corporate Insolvency Resolution Process (CIRP).

## Facts

M/s. Balaji Timber Depot (the operational creditor) filed a petition against M/s. Quetzel Furniture Systems Private Limited (the corporate debtor) due to a default in payment of Rs. 13,41,900/- for timber supplied based on a purchase order dated 2015-09-03. The operational creditor provided invoices and demand notices. The corporate debtor's directors admitted the liability and default before the NCLT and had no objection to the initiation of CIRP. The corporate debtor was originally named Total Environment Woodwork Pvt. Ltd. The operational creditor proposed Shri Venkata Subbarao Kalva as the Interim Resolution Professional (IRP).

## Issues and analysis

### Issue 1: Whether the operational creditor has met the requirements under Sections 8 and 9 of the Insolvency …

**Ratio:** Section 9 of the Insolvency & Bankruptcy Code allows an operational creditor to

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**Reasoning:** The operational creditor provided evidence of the debt, including the purchase order,

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**Interpretation:** Section 9 provides the mechanism for operational creditors to recover debts

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**Application:** The operational creditor demonstrated the existence of a debt and the failure

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## Parties

- **Judges:** Ratakonda…; Ashok Kumar…; +1 more
- **Appellants:** M/s. Balaji…
- **Respondents:** M/s. Quetzel…

## Timeline

- **2015-09-03 — Purchase Ord…**: Date of the purchase order based on which…
- **2016-01-09 — Demand Notice…**: Date of the demand notice…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 14 — Moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-14)

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