# In the matter of Alpack Paper Packaging Private Limited

> NCLT judgment dated 2024-02-07. Citation: TCN-2024-NCLT-02728. 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-02728
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/alpack-paper-packaging-private-limited-c9a24d02

## 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. The application was initially dismissed for non-prosecution but later restored. The OC contended that despite the mentioned date of default being 01.04.2018, the continuous cause of action survived due to a last payment made on 08.05.2018.

## Facts

M/s. Shreerang Agencies (OC) filed CP (IB) No. 4555/MB/2018 under Section 9 of IBC against M/s. Alpack Paper Packaging Private Limited (CD) for a default of Rs. 51,15,180/- related to unpaid supply of goods. The OC and CD had a long-standing business relationship. The OC issued several cheques which were dishonored due to insufficient funds. The OC sent a notice dated 23.08.2013 under Section 138 of the Negotiable Instruments Act, 1881. Subsequently, the OC issued a demand notice on 11.04.2018. The CD refuted the OC's claims, stating their claim was limited to Rs. 10,94,399/-, with Rs. 5,05,000/- already paid. The CD also claimed to have made part payments of Rs. 50,000/- on 02.05.2018 and Rs. 50,000/- on 23.08.2018, which the OC failed to encash. The CD alleged that

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## Issues and analysis

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

**Ratio:** The demand notice must contain particulars of the operational debt as required by law and

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**Reasoning:** The court found that the demand notice did not carry any particulars of operational debt

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**Interpretation:** Section 8(1) of the IBC requires a specific format and content for the demand

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**Application:** The court applied the ratio to the facts and found that the demand notice was

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## Parties

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

## Timeline

- **2018-12-07 — Application…**: Company Petition (CP (IB) No.…
- **2018-04-01 — Date of Default…**: Operational Creditor claimed the…

## 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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