# In the matter of B.K. Podder Printing Private Limited CP(IB) No. 140-KB-2020

> NCLT judgment dated 2022-09-19. Citation: TCN-2022-NCLT-01022. Indrani Saha, the operational creditor, filed a petition under Section 9 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 19 Sept 2022
- **Citation:** TCN-2022-NCLT-01022
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/bk-podder-printing-private-limited-cpib-no-140-kb-2020-8a5396b1

## Summary

### Background

Indrani Saha, the operational creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate the Corporate Insolvency Resolution Process (CIRP) against BK Podder Printing Private Limited, the corporate debtor, for unpaid invoices. The operational creditor claimed a total amount of ₹58,78,873/- plus interest @18% from 31.08.2019, with the date of default being 05.03.2018. The corporate debtor disputed the claim, alleging pre-existing disputes regarding the quantity/weight of goods supplied, excess rates, and non-furnishing of original challans.

## Facts

Indrani Saha, operating as International Paper Concern, supplied paper to BK Podder Printing Private Limited. Invoices were raised, and the corporate debtor allegedly failed to make payments within the agreed-upon timeframe, leading to interest accrual. The operational creditor claimed ₹58,78,873/- plus interest from 31.08.2019, with the default date being 05.03.2018. A demand notice was issued on 07.11.2019 and served via post and email. The corporate debtor claimed the postal demand notice was returned undelivered. The corporate debtor disputed the claim, alleging short supply of goods, excess rates, and issues with original challans, raising these disputes in letters and emails dating back to 01.10.2018. The corporate debtor also claimed to have made payments

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## Issues and analysis

### Issue 1: Whether the petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 is maintainable …

**Ratio:** The existence of a pre-existing dispute, as defined under Section 8(2) of the Insolvency

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**Reasoning:** The NCLT found that the corporate debtor had raised disputes regarding the quantity and

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**Interpretation:** Section 9 of the IBC requires that there should be no pre-existing dispute for

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**Application:** In this case, the NCLT applied the ratio from Mobilox Innovations and found

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## Parties

- **Judges:** RohitKa…; Balraj…
- **Appellants:** Indrani…
- **Respondents:** B.K. Podder…
- **Advocates:** Shaunak…; Sristi Burm…; +5 more

## Timeline

- **2017-11-24 — Orders Placed by…**: Corporate Debtor placed…
- **2018-01-03 — Orders Placed by…**: Corporate Debtor placed…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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