# In the matter of Scope Vincom Industries Pvt. Ltd. C.P. (I.B) No.564-KB-2017

> NCLT judgment dated 2018-06-11. Citation: TCN-2018-NCLT-01295. The case involves an application under Section 9 of the Insolvency and Bankruptcy Code, 2016…

- **Court:** NCLT
- **Order date:** 11 Jun 2018
- **Citation:** TCN-2018-NCLT-01295
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/scope-vincom-industries-pvt-ltd-cp-ib-no564-kb-2017-863d721c

## Summary

### Background

The case involves an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) by Melgiri Enterprises, an operational creditor, against Scope Vincom Industries Pvt. Ltd., the corporate debtor. Melgiri Enterprises claimed that Scope Vincom Industries defaulted on a payment of Rs. 10,83,843/- plus interest for goods supplied. The operational creditor sought to initiate the Corporate Insolvency Resolution Process (CIRP) against the corporate debtor.

## Facts

Melgiri Enterprises, the operational creditor, is a sole proprietorship dealing in chemical components. Scope Vincom Industries Pvt. Ltd., the corporate debtor, is involved in manufacturing and supplying bakery items. Melgiri Enterprises supplied materials to Scope Vincom Industries based on purchase orders. The corporate debtor allegedly defaulted on payments amounting to Rs. 10,83,843/- plus interest. Melgiri Enterprises sent a demand notice on 2017-08-03 under Section 8 of the IBC, claiming the outstanding amount. The corporate debtor received the notice but did not pay. Prior to filing the Section 9 application, Melgiri Enterprises had also filed a suit for recovery in the Court of Additional City Civil Judge, Bengaluru, and sought an ex parte order of attachment

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## Issues and analysis

### Issue 1: Whether notice under section 8 of IBC was properly sent by authorised representative of the …

**Ratio:** Section 8 of the IBC does not prescribe a specific format for the demand notice, nor does

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**Reasoning:** The court noted that the operational creditor stated on oath that they had appointed and

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**Interpretation:** The interpretation of Section 8 allows for flexibility in who can issue the

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**Application:** The court found that Advocate M.A. Jabbar was duly authorized to send the

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## Parties

- **Judges:** Jinan…; Madan B.…
- **Appellants:** Govind Jagirdar…
- **Respondents:** Scope Vincom…

## Timeline

- **2017-08-03 — Demand N…**: Operational Creditor sent demand notice to…
- **2017-08-01 — Suit for Re…**: Operational Creditor filed suit for recovery in the Court of Additional City Civil Judge,…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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