# In the matter of Romesh Power Products Private Limited Company Petition No. (IB)-23-9-JPR-2020

> NCLT judgment dated 2021-12-21. Citation: TCN-2021-NCLT-00098. The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 21 Dec 2021
- **Citation:** TCN-2021-NCLT-00098
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/romesh-power-products-private-limited-company-petition-no-ib-23-9-jpr-2020-9c467cac

## Summary

### Background

The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, by Manoj Jain, proprietor of Maxwell India (Operational Creditor), seeking initiation of Corporate Insolvency Resolution Process (CIRP) against Romesh Power Products Private Limited (Corporate Debtor). The applicant claimed to be an operational creditor.

## Facts

Manoj Jain, proprietor of Maxwell India, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of Corporate Insolvency Resolution Process (CIRP) against Romesh Power Products Private Limited. The applicant claimed to be an operational creditor. A purchase order dated 20.05.2017 was placed with the applicant for the supply of 1 Phase Energy Meters. As per the terms of the purchase order, the payment was required to be made within 45 days from the date of delivery. A total of 10,000 meters were dispatched, and an invoice dated 27.06.2017 was raised for Rs. 48,00,000/-. The consignment was delivered on 08.07.2017. The applicant served a demand notice dated 05.11.2019 upon the respondent demanding payment of an unpaid

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## Issues and analysis

### Issue 1: Whether the demand notice in Form No. 3 …

**Ratio:** The demand notice must be properly served to

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**Reasoning:** The Adjudicating Authority found that the demand notice dated 05.11.2019 was sent through

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**Interpretation:** The demand notice must be served in accordance with the provisions of the IBC

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**Application:** The demand notice was sent through registered post to the registered office of

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## Parties

- **Judges:** Deep Chandr…; RAGHU N…; +1 more
- **Appellants:** Manoj…
- **Respondents:** Romesh Power…

## Timeline

- **2017-05-20 — Purchase…**: A purchase order was placed with the Applicant…
- **2017-06-27 — Invoice R…**: An invoice was raised…

## 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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