# In the matter of Rohan Consortium Private Limited CP (IB)3584-MB-C-IV-2019

> NCLT judgment dated 2021-11-15. Citation: TCN-2021-NCLT-00499. Avantor Performance Materials India Limited, the Operational Creditor, filed a Company Petition…

- **Court:** NCLT
- **Order date:** 15 Nov 2021
- **Citation:** TCN-2021-NCLT-00499
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/rohan-consortium-private-limited-cp-ib3584-mb-c-iv-2019-59bcf815

## Summary

### Background

Avantor Performance Materials India Limited, the Operational Creditor, filed a Company Petition under Section 9 of the Insolvency & Bankruptcy Code, 2016 (IBC) to initiate Corporate Insolvency Resolution Process (CIRP) against Rohan Consortium Private Limited, the Corporate Debtor, due to unpaid invoices. The Operational Creditor claimed a total outstanding amount of Rs. 1,02,17,178.39/- as of 15.10.2018, including principal and interest. The Corporate Debtor acknowledged a business relationship but cited disputes regarding non-delivery of goods, faulty products, and other issues as reasons for non-payment. The Operational Creditor issued a demand notice on 23.11.2018, but the Corporate Debtor did not reply. The Corporate Debtor made some payments after the demand

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## Facts

Avantor Performance Materials India Limited (Operational Creditor) filed a petition under Section 9 of the Insolvency & Bankruptcy Code, 2016 (IBC) against Rohan Consortium Private Limited (Corporate Debtor) to initiate Corporate Insolvency Resolution Process (CIRP). The Operational Creditor claimed Rs. 81,91,452.56/- as principal amount and Rs. 20,25,725.83/- as interest at 21% per annum till 30.09.2019, totaling Rs. 1,02,17,178.39/- outstanding as of 15.10.2018, for 29 unpaid invoices. The invoices were for the supply of laboratory instruments and reagents. The Corporate Debtor issued several cheques that were dishonored due to insufficient funds. The Operational Creditor initiated proceedings under Section 138 of the Negotiable Instruments Act, 1881. A demand

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## Issues and analysis

### Issue 1: Whether the petition made by the Operational Creditor is complete in all respects as required by …

**Ratio:** Section 9 of the IBC outlines the requirements for an operational creditor to initiate

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**Reasoning:** The court found that the Operational Creditor had submitted sufficient evidence,

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**Interpretation:** The court interpreted Section 9 to mean that a complete petition must include

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**Application:** The court applied this interpretation to the facts, finding that the

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## Parties

- **Judges:** RAJESH S…; SUCHITRAKAN…
- **Appellants:** Avantor Performanc…
- **Respondents:** Rohan Consortium…
- **Advocates:** Nand Ki…

## Timeline

- **2018-10-15 — Date of D…**: The date of default as…
- **2018-11-23 — Demand Notice…**: The Operational Creditor issued a…

## 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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