# In the matter of Warm Gears Pvt. Ltd. C.P. (IB) No. 258-BB-2019

> NCLT judgment dated 2019-07-19. Citation: TCN-2019-NCLT-02415. M/s. Indus Marketing filed C.P.(IB)No.258/BB/2019 under Section 9 of the IBC, 2016, seeking to…

- **Court:** NCLT
- **Order date:** 19 Jul 2019
- **Citation:** TCN-2019-NCLT-02415
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/warm-gears-pvt-ltd-cp-ib-no-258-bb-2019-753ba616

## Summary

### Background

M/s. Indus Marketing filed C.P.(IB)No.258/BB/2019 under Section 9 of the IBC, 2016, seeking to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s. Warm Gears Pvt. Ltd, alleging a default amount of Rs. 3,98,673. The petition was filed on the ground that the Corporate Debtor committed a default.

## Facts

M/s. Indus Marketing, an operational creditor, filed a petition (C.P.(IB)No.258/BB/2019) under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against M/s. Warm Gears Pvt. Ltd, the corporate debtor. The alleged default amount was Rs. 3,98,673. The petition was filed on 2019-05-24. The Registry raised certain office objections, which were communicated to the petitioner's counsel via email on 2019-05-29. The petitioner failed to comply with these objections within the given timeframe. The case was listed on 2019-07-01 for non-compliance, but neither the petitioner nor their counsel appeared before the Tribunal. Consequently, the case was posted for dismissal.

## Issues and analysis

### Issue 1: Whether the petition filed by M/s. Indus Marketing under Section 9 of the IBC, 2016, should be …

**Ratio:** A petition under Section 9 of the IBC can be admitted if the operational creditor

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**Reasoning:** The court did not delve into the merits of the debt and default because the petition was

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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 petitioner's failure to comply with the office objections and

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## Parties

- **Judges:** Rajeswara Rao…; Ashok Kumar…
- **Appellants:** M/s. Indus…
- **Respondents:** M/s. Warm Gears…

## Timeline

- **2019-05-24 — Petition…**: M/s. Indus Marketing filed the…
- **2019-05-29 — Office Objectio…**: The Registry raised certain office objections to the application and sent them to the…

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