# In the matter of Sonhira Stationers Private Limited CP 4709-(IB)-2018

> NCLT judgment dated 2019-06-28. Citation: TCN-2019-NCLT-02752. M/s Puthwala & Co., through its partner Tariq Puthawala, filed a Company Petition under Section…

- **Court:** NCLT
- **Order date:** 28 Jun 2019
- **Citation:** TCN-2019-NCLT-02752
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/sonhira-stationers-private-limited-cp-4709-ib-2018-cda16f0d

## Summary

### Background

M/s Puthwala & Co., through its partner Tariq Puthawala, filed a Company Petition under Section 9 of the Insolvency & Bankruptcy Code, 2016 (I&B Code) against Sonhira Stationaries Private Limited, the Respondent/Corporate Debtor. The petition was filed due to the Corporate Debtor's default in payment of Rs.54,61,408/- against various invoices for the supply of goods in the form of raw materials of papers. The Operational Creditor stated that the Corporate Debtor approached them in 2016 for packaging solutions and regularly purchased goods from 2016 to 2018, making payments against the same. The Operational Creditor issued several invoices between 26.01.2016 and 22.05.2016 on a running account basis, and no dispute was raised by the Corporate Debtor until

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## Facts

M/s Puthwala & Co., an operational creditor represented by Tariq Puthawala, filed a petition against Sonhira Stationaries Private Limited, the corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The claim was for Rs. 54,61,408/- due to unpaid invoices for the supply of raw materials (papers). The corporate debtor had been purchasing goods from the operational creditor between 2016 and 2018. The operational creditor issued invoices between 26.01.2016 and 22.05.2016. A demand notice was sent on 26.09.2018 and received by the corporate debtor on 04.10.2018, but no payment or dispute was raised. The corporate debtor did not deposit Rs. 7,00,000/- into the operational creditor's account between 04.05.2017 and 06.12.2018. The corporate debtor

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## Issues and analysis

### Issue 1: Whether the petition filed by the Operational Creditor under Section 9 of the I&B Code deserves …

**Ratio:** The petition under Section 9 of the I&B Code can be admitted if the operational debt

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**Reasoning:** The court reasoned that the Corporate Debtor did not dispute its liability and defaulted

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**Interpretation:** Section 9 of the I&B Code allows an operational creditor to initiate the

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**Application:** The court applied the ratio to the facts of the case and found that the

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## Parties

- **Judges:** Mr V.P.…; Mr Ravikumar…; +1 more
- **Appellants:** Tariq Put…
- **Respondents:** SONHIRA SATIONARIE…

## Timeline

- **2016-01-01 — Corporate Debtor…**: The Corporate Debtor approached the…
- **2016-01-26 — Invoice Perio…**: Start date of the period for which invoices…

## 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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