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

> NCLT judgment dated 2022-05-25. Citation: TCN-2022-NCLT-02612. 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-02612
- **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-c9399655

## 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, by the operational creditor, Newgen Specialty Plastics Limited through its liquidator, Mr. Anil Kumar. The operational creditor claimed an unpaid operational debt.

## 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, the corporate debtor. Newgen Specialty Plastics Limited claimed to be an operational creditor. They had supplied 5,000 kg of Isocynate-2929 for Rs. 13,45,200.00 against an invoice dated 26.03.2018, and later the Corporate Debtor purchased 5,000 kg of Isocynate-2929 for Rs. 12,86,200.00 on 28.03.2018. A demand notice was sent on 27.01.2020 demanding payment of the unpaid operational debt. The Corporate Debtor did not submit a reply to the application. The total unpaid amount was Rs. 31,88,195/-.

## Issues and analysis

### Issue 1: Whether the application filed by the operational creditor under Section 9 of the Insolvency and …

**Ratio:** Section 9(5) of the Insolvency and Bankruptcy Code, 2016, provides the conditions for

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**Reasoning:** The Tribunal found that the operational creditor had successfully carried out the

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**Interpretation:** Section 9 of the IBC allows an operational creditor to initiate CIRP if a debt

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**Application:** The operational creditor demonstrated that they supplied goods to the corporate

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## Parties

- **Judges:** SHRI. DHARMINDER…; SUMITAPURKA…
- **Appellants:** Newgen Speciality…
- **Respondents:** Dor Tech Doors…

## Timeline

- **2018-03-26 — Invoice I…**: Invoice dated 26.03.2018 was issued for supply of 5,000.00 kg of Isocynate-2929 for the…
- **2018-03-28 — Subsequent P…**: Corporate Debtor purchased 5,000.00 kg of Isocynate-2929 for the value of Rs.…

## 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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