# In the matter of Snab Publishers Private Limited (IB)-3254(ND)2019

> NCLT judgment dated 2020-02-20. Citation: TCN-2020-NCLT-01872. The petition was filed by the Operational Creditor under Section 9 of the IBC, 2016, seeking to…

- **Court:** NCLT
- **Order date:** 20 Feb 2020
- **Citation:** TCN-2020-NCLT-01872
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/snab-publishers-private-limited-ib-3254nd2019-68e919a0

## Summary

### Background

The petition was filed by the Operational Creditor under Section 9 of the IBC, 2016, seeking to initiate the Corporate Insolvency Resolution Process against the Corporate Debtor due to an alleged default in payment of operational debt.

## Facts

M/s Burda Druck India Pvt. Ltd. (Operational Creditor) filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 ( IBC, 2016 ) against M/s Snab Publishers Private Limited (Corporate Debtor). The Operational Creditor sought to initiate the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor, alleging a default in payment of operational debt. The petition was filed in accordance with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. The Operational Creditor stated that it supplied goods, specifically IFB Microwave Books after printing, to the Corporate Debtor based on specific purchase orders. The total amount due from the Corporate Debtor was Rs. 19,09,000, as evidenced by invoices

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## Issues and analysis

### Issue 1: Whether the Operational Creditor has established a default in payment of operational debt by the …

**Ratio:** The petition is admitted under Section 9(5) of the IBC, 2016, as the default in payment

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**Reasoning:** The Operational Creditor submitted invoices for goods supplied and a demand notice under

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**Interpretation:** The court interpreted Section 9 of the IBC, 2016, to mean that if an

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**Application:** The court applied this interpretation by admitting the petition, declaring a

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## Parties

- **Judges:** Ina Mal…; SHRI. L. N.…; +1 more
- **Appellants:** Burda Druck India…
- **Respondents:** M/s Snab Publisher…
- **Advocates:** Rajeev…; Ashish…

## Timeline

- **September 21, 2016 — Invoice…**: Invoice BDIPL/16-17/DOM/022 for Rs.…
- **August 30, 2016 — Invoice…**: Invoice BDIPL/16-17/DOM/024 for Rs.…

## 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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