# In the matter of Sanika Chemicals Pvt. Ltd. C.P. No. 1697-I&BP-2017

> NCLT judgment dated 2018-02-13. Citation: TCN-2018-NCLT-01841. The case involves a Company Petition filed under Section 9 of the Insolvency & Bankruptcy Code…

- **Court:** NCLT
- **Order date:** 13 Feb 2018
- **Citation:** TCN-2018-NCLT-01841
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/sanika-chemicals-pvt-ltd-cp-no-1697-ibp-2017-06f4ef12

## Summary

### Background

The case involves a Company Petition filed under Section 9 of the Insolvency & Bankruptcy Code by Balaji Marketing Agencies (Operational Creditor) against Sanika Chemicals Pvt. Ltd. (Corporate Debtor). The petitioner claimed that they supplied goods to the corporate debtor on 20.02.2017, raising an invoice for ₹2,57,726. The petitioner issued a notice under Section 8 of the IBC on 05.10.2017, demanding payment of the outstanding dues. The Corporate Debtor did not reply, leading the petitioner to file a Company Petition for initiating the Corporate Insolvency Resolution Process.

## Facts

Balaji Marketing Agencies (Operational Creditor) filed a Company Petition against Sanika Chemicals Pvt. Ltd. (Corporate Debtor) under Section 9 of the Insolvency & Bankruptcy Code. Balaji Marketing Agencies claimed to have supplied goods to Sanika Chemicals Pvt. Ltd. on 20.02.2017, raising invoice No. 1302 for ₹2,57,726 based on a purchase order dated 19.02.2017. The petitioner issued a notice under Section 8 of the IBC on 05.10.2017, demanding payment of the outstanding dues. The Corporate Debtor did not reply to the notice. The court noted discrepancies, including that the goods were received on 21.02.2018, according to the inward report, and that the petitioner had not filed the affidavit required under Section 9(3)(b) of the IBC.

## Issues and analysis

### Issue 1: Whether the Company Petition filed by the Petitioner is maintainable given the discrepancies in the …

**Ratio:** A Company Petition under Section 9 of the IBC must accurately reflect the date of default

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**Reasoning:** The court reasoned that the default date was incorrectly stated as the invoice date,

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**Interpretation:** Section 9 of the IBC requires strict adherence to procedural requirements,

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**Application:** In this case, the court found that the default date was incorrectly stated as

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## Parties

- **Judges:** B.S.V. Prakash…
- **Appellants:** Balaji Marketing…
- **Respondents:** Sanika Chemicals…
- **Advocates:** Ankur K…

## Timeline

- **2017-02-19 — Purchase Ord…**: Purchase Order No. SC/PR/EQP/16-17/130…
- **2017-02-20 — Invoice…**: The Petitioner 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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