# In the matter of Dhruv Wellness Limited

> NCLT judgment dated 2025-02-18. Citation: TCN-2025-NCLT-00472. The case involves a Company Petition (IB)-286(MB)/2024 filed by Deepak Kalananad Jha…

- **Court:** NCLT
- **Order date:** 18 Feb 2025
- **Citation:** TCN-2025-NCLT-00472
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/dhruv-wellness-limited-2574c554

## Summary

### Background

The case involves a Company Petition (IB)-286(MB)/2024 filed by Deepak Kalananad Jha (Operational Creditor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Dhruv Wellness Limited (Corporate Debtor). The petition concerns a default in repayment of an outstanding debt of Rs. 4,08,81,916/- as on 28.03.2024. The Operational Creditor supplied products to the Corporate Debtor based on a purchase order dated 15.03.2019, but the Corporate Debtor failed to make full payment despite accepting the delivered products and invoices.

## Facts

The Operational Creditor, Deepak Kalananad Jha, a sole proprietor dealing in cosmetics and general items, supplied products to the Corporate Debtor, Dhruv Wellness Limited, a listed company, based on a purchase order dated 15.03.2019. The purchase order stipulated the supply of various products at fixed price ranges and unidentified products at a price of 15-20% less than the MRP (excluding GST), with immediate payment upon delivery. The Operational Creditor supplied products worth Rs. 5,81,22,064/-, evidenced by 36 invoices and delivery challans. However, the Corporate Debtor remitted only Rs. 1,72,40,148/-. Despite accepting the delivered products and invoices, the Corporate Debtor failed to remit full payment, breaching the terms of the purchase order. The

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor committed a …

**Ratio:** The adjudicating authority must be satisfied that a default has occurred for the

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**Reasoning:** The Corporate Debtor failed to remit the full payment for the products supplied by the

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**Interpretation:** A default occurs when the corporate debtor fails to pay a debt that is due and

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**Application:** The Corporate Debtor's failure to pay the outstanding amount of Rs.

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## Parties

- **Judges:** Charanjeet Singh…; LAKSHMI G…
- **Appellants:** Deepak Kalananad…
- **Respondents:** Dhruv Wellness…

## Timeline

- **2019-03-15 — Purchase Ord…**: Purchase order issued by Corporate…
- **2019-03-28 — First Pa…**: First payment made by Corporate…

## 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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