# In the matter of DNB Impex Private Limited CP (IB) 242-NCLT-AHM-2021

> NCLT judgment dated 2022-07-22. Citation: TCN-2022-NCLT-01603. The application was filed on 06.12.2021 under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 22 Jul 2022
- **Citation:** TCN-2022-NCLT-01603
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/dnb-impex-private-limited-cp-ib-242-nclt-ahm-2021-141e58a8

## Summary

### Background

The application was filed on 06.12.2021 under Section 9 of the Insolvency and Bankruptcy Code, 2016, read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, by Mr. Ashwinbhai Laljibhai Viradiya, partner of Asmi Enterprise, seeking to initiate the Corporate Insolvency Resolution Process (CIRP) against DNB Impex Private Limited. The applicant and the corporate debtor were involved in business transactions since 2013, with the applicant maintaining a running account. The applicant supplied Smoke Cloth to the corporate debtor between 17.02.2017 and 31.03.2017, amounting to Rs. 6,02,39,250/-. Despite reminders, the corporate debtor failed to clear the outstanding dues.

## Facts

Mr. Ashwinbhai Laljibhai Viradiya, partner of Asmi Enterprise, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against DNB Impex Private Limited. The applicant and the corporate debtor had business transactions since 2013. Between 17.02.2017 and 31.03.2017, the applicant supplied Smoke Cloth to the corporate debtor worth Rs. 6,02,39,250/-. Despite reminders, the corporate debtor failed to clear the outstanding dues. The applicant sent a written letter on 17.10.2017 requesting payment. The corporate debtor requested six more months to clear the dues on 20.11.2017, which the applicant considered on 05.12.2017. After the extended time, the applicant sent a reminder on 04.07.2018.

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## Issues and analysis

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

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016 allows an operational creditor to

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**Reasoning:** The NCLT considered the submissions and documents on record, including the corporate

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**Interpretation:** Section 9 provides a mechanism for operational creditors to recover outstanding

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**Application:** The applicant, being an operational creditor, demonstrated that a debt was due

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## Parties

- **Judges:** DEEPTI M…; Ajai Das Me…
- **Appellants:** Ashwinbhai…
- **Respondents:** DNB Impex Private…

## Timeline

- **2017-02-17 — Supply of…**: Applicant supplied Smoke…
- **2017-03-31 — End of Supply…**: End date of the period during which the applicant supplied Smoke Cloth to the corporate…

## Legal provisions

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

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