# In the matter of Unicare Pharma Limited CP-283-(IB)-CB-2018

> NCLT judgment dated 2018-06-11. Citation: TCN-2018-NCLT-01296. The case involves an application filed by M/s. Nikita Containers Private Limited, the…

- **Court:** NCLT
- **Order date:** 11 Jun 2018
- **Citation:** TCN-2018-NCLT-01296
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/unicare-pharma-limited-cp-283-ib-cb-2018-187877ec

## Summary

### Background

The case involves an application filed by M/s. Nikita Containers Private Limited, the Operational Creditor, against M/s. Unicare Pharma Limited, the Corporate Debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Operational Creditor claimed that the Corporate Debtor defaulted in making payments for the supply of tin containers. The Operational Creditor sent a demand notice to the Corporate Debtor, but the Corporate Debtor failed to make the payment. The Adjudicating Authority noted that the Corporate Debtor was deliberately avoiding appearance in the matter.

## Facts

M/s. Nikita Containers Private Limited (Operational Creditor) filed a Company Petition against M/s. Unicare Pharma Limited (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Operational Creditor supplied tin containers to the Corporate Debtor from May 2012 to October 2012. The Corporate Debtor availed the services of the Operational Creditor without any complaint. However, the Corporate Debtor failed to make payments for the invoices dating from 16.05.2012 to 25.10.2012. The Operational Creditor sent several reminders, but no payment was made. A Demand Notice was sent on 30.12.2017, claiming an outstanding amount of Rs. 23,34,503.37, including principal and interest. The notice sent to the Corporate Debtor's registered office was not

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor defaulted in …

**Ratio:** The Corporate Debtor is obligated to pay the Operational Creditor for the goods and

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**Reasoning:** The Adjudicating Authority found that the Operational Creditor had provided sufficient

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**Interpretation:** The failure to pay for goods and services provided constitutes a default under

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**Application:** The Corporate Debtor failed to pay the Operational Creditor for the tin

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## Parties

- **Judges:** K. Anantha…; S. VIJAYARA…
- **Appellants:** M/s. Nikita…
- **Respondents:** M/s. Unicare…

## Timeline

- **2012-05-01 — Supply of Tin C…**: The Operational Creditor supplied tin containers to the Corporate Debtor during the…
- **2012-05-16 — Invoice…**: The subject debt invoices date…

## 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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