# In the matter of Alpack Paper Packaging Private Limited

> NCLT judgment dated 2024-02-07. Citation: TCN-2024-NCLT-02708. This case involves a Company Petition (CP (IB) No. 4555/MB/2018) filed by M/s. Shreerang…

- **Court:** NCLT
- **Order date:** 7 Feb 2024
- **Citation:** TCN-2024-NCLT-02708
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/alpack-paper-packaging-private-limited-7ac0ed6c

## Summary

### Background

This case involves a Company Petition (CP (IB) No. 4555/MB/2018) filed by M/s. Shreerang Agencies (Operational Creditor - OC) under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) to initiate Corporate Insolvency Resolution Process (CIRP) against M/s. Alpack Paper Packaging Private Limited (Corporate Debtor - CD). The OC claimed a default amount of Rs. 51,15,180/- based on unpaid dues for the supply of goods, with the initial date of default mentioned as 01.04.2018. The OC contended that the cause of action survived due to a last payment made on 08.05.2018. The application was previously dismissed for non-prosecution but later restored. The OC and CD had a business relationship for decades, with the OC supplying packaging material/craft paper to the CD. The

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## Facts

M/s. Shreerang Agencies (Operational Creditor - OC) filed a Company Petition (CP (IB) No. 4555/MB/2018) under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) to initiate Corporate Insolvency Resolution Process (CIRP) against M/s. Alpack Paper Packaging Private Limited (Corporate Debtor - CD). The OC claimed a default amount of Rs. 51,15,180/- based on unpaid dues for the supply of goods. The initial date of default was mentioned as 01.04.2018, but the OC contended that the cause of action survived due to a last payment made on 08.05.2018. The application was previously dismissed for non-prosecution but later restored. The OC and CD had a business relationship for decades, with the OC supplying packaging material/craft paper to the CD. The CD issued cheques

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## Issues and analysis

### Issue 1: Whether the demand notice issued by the Operational Creditor (OC) satisfies the requirements of …

**Ratio:** Section 8(1) of the IBC requires a demand notice to specify the particulars of the

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**Reasoning:** The court found that the demand notice issued by the OC did not carry any particulars of

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**Interpretation:** Section 8(1) of the IBC mandates that a demand notice must contain specific

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**Application:** In this case, the demand notice lacked the necessary particulars of the

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## Parties

- **Judges:** K. R. SAJI…; SANJIV…
- **Appellants:** M/s. SHREERANG…
- **Respondents:** ALPACK PAPER…; M/s. ALPACK PAPER…

## Timeline

- **2018-12-07 — Filing of Company…**: M/s. Shreerang Agencies filed C.P. (IB) No. 4555/MB/2018 under Section 9 of the IBC to…
- **2021-09-07 — Dismissal of Ap…**: The aforesaid Application was earlier dismissed vide order dated 07.09.2021 for…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8(1) — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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