# In the matter of Bansadari Bottlers Private Limited CP (IB) No. 47-Chd-Chd-2021

> NCLT judgment dated 2023-02-03. Citation: TCN-2023-NCLT-04785. The petition was filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by…

- **Court:** NCLT
- **Order date:** 3 Feb 2023
- **Citation:** TCN-2023-NCLT-04785
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/bansadari-bottlers-private-limited-cp-ib-no-47-chd-chd-2021-73c77214

## Summary

### Background

The petition was filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Universal Cartons Solutions Private Limited (Operational Creditor) against Bansadari Bottlers Private Limited (Corporate Debtor) to initiate the Corporate Insolvency Resolution Process (CIRP). The Operational Creditor claimed that the Corporate Debtor defaulted on payments for goods supplied between August 2016 and January 2017. The Corporate Debtor argued that the claim pertained to Jagatjit Industries Ltd., not them, and the claim was time-barred. The Adjudicating Authority considered whether the demand notice was served, whether the debt was disputed, and whether the application was within limitation.

## Facts

Universal Cartons Solutions Private Limited (Operational Creditor) filed a petition against Bansadari Bottlers Private Limited (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate CIRP. The Operational Creditor supplied monocartons and paper board cartons to the Corporate Debtor between August 2016 and January 2017, for which invoices amounting to Rs. 33,35,557 were raised. These invoices were to be paid within 90 days, with a 30% per annum interest on delayed payments. The Corporate Debtor failed to pay the dues. A legal notice was sent on 25.07.2017, after which a reconciliation meeting was held on 19.12.2017, where the Corporate Debtor acknowledged the liability. The Corporate Debtor still failed to pay. The Operational

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## Issues and analysis

### Issue 1: Whether the demand notice dated 24.11.2020 …

**Ratio:** A demand notice is considered duly served if it is delivered to the corporate debtor,

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**Reasoning:** The Adjudicating Authority noted that the demand notice was attempted to be delivered by

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**Interpretation:** The interpretation of service of notice includes alternative methods like

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**Application:** In this case, despite the failed physical delivery, the email service without a

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## Parties

- **Judges:** Harnam Singh…; SUBRATA KUM…
- **Appellants:** Universal Cartons…
- **Respondents:** Bansadari…

## Timeline

- **2016-08-01 — Supply of…**: Corporate Debtor purchased goods from Operational Creditor between August 2016 and…
- **2017-01-01 — Supply of…**: Corporate Debtor purchased goods from Operational Creditor between August 2016 and…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 14 — Moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-14)

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