# In the matter of Dor Tech Doors India Private Limited IB-712-ND-2020

> NCLT judgment dated 2022-05-25. Citation: TCN-2022-NCLT-02595. The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 25 May 2022
- **Citation:** TCN-2022-NCLT-02595
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/dor-tech-doors-india-private-limited-ib-712-nd-2020-5cfa9296

## Summary

### Background

The case pertains to an application filed 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, for initiating the Corporate Insolvency Resolution Process (CIRP) against Dor Tech Doors India Private Limited, claimed to be the corporate debtor. The applicant, Newgen Specialty Plastics Limited, through its liquidator, Mr. Anil Kumar, filed the application as an operational creditor.

## Facts

Newgen Specialty Plastics Limited, through its liquidator Anil Kumar, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Dor Tech Doors India Private Limited, claiming to be an operational creditor. The operational creditor stated that they had successfully carried out their contractual obligations towards the corporate debtor. They supplied 5,000.00 kg of Isocynate-2929 for Rs. 13,45,200.00/- (invoice dated 2018-03-26) and another 5,000.00 kg of Isocynate-2929 for Rs. 12,86,200.00/- (invoice dated 2018-03-28). A demand notice was sent on 2020-01-27 demanding payment of the unpaid operational debt. The corporate debtor did not submit a reply, and the total unpaid amount

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## Issues and analysis

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

**Ratio:** Section 9(5) of the Insolvency and Bankruptcy Code, 2016, allows the Adjudicating

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**Reasoning:** The Tribunal observed that the operational creditor had provided sufficient evidence to

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**Interpretation:** Section 9 of the IBC provides a mechanism for operational creditors to initiate

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**Application:** The Tribunal applied Section 9(5) of the IBC to the facts of the case, finding

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## Parties

- **Judges:** SHRI. DHARMINDER…; SUMITAPURKA…
- **Appellants:** M/s Newgen…
- **Respondents:** M/s Dor Tech…

## Timeline

- **2018-03-26 — Invoice I…**: Invoice issued for supply of 5,000.00 kg of…
- **2018-03-28 — Invoice I…**: Invoice issued for supply of 5,000.00 kg of…

## 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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