# In the matter of Gopish Pharma Limited (IB)-699(ND)2020

> NCLT judgment dated 2023-04-25. Citation: TCN-2023-NCLT-03635. Printofab, an operational creditor, filed a petition under Section 9 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 25 Apr 2023
- **Citation:** TCN-2023-NCLT-03635
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/gopish-pharma-limited-ib-699nd2020-320c519f

## Summary

### Background

Printofab, an 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 Gopish Pharma Limited, the respondent. Printofab claimed that Gopish Pharma Limited defaulted on payments for printed packaging material supplied between November 2015 and February 2017. The total debt was Rs. 9,45,490/-.

## Facts

Printofab, the applicant and operational creditor, is a manufacturer and supplier of printed packaging material. Gopish Pharma Limited, the respondent and corporate debtor, approached Printofab for printed packaging material for medicines in 2015. Between November 2015 and February 2017, Printofab supplied material worth Rs. 38,92,287/- to Gopish Pharma Limited. Gopish Pharma Limited made partial payments totaling Rs. 29,46,497/-, with the last payment of Rs. 30,000/- made on 15.12.2017. An outstanding debt of Rs. 9,45,490/- remained. Printofab sent a demand notice dated 14.10.2019, which was undelivered, and also sent it via email on 15.10.2019. The invoices were not annexed to the demand notice or the application. Gopish Pharma Limited admitted to the debt via email

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## Issues and analysis

### Issue 1: Whether the Applicant has sufficiently demonstrated the existence of an operational debt and …

**Ratio:** The operational creditor must provide sufficient evidence to prove the existence of the

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**Reasoning:** The Adjudicating Authority observed that the applicant claimed the operational debt based

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**Interpretation:** The court interpreted Section 8 of the IBC, 2016, to require the operational

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**Application:** In this case, the applicant failed to annex the invoices to the demand notice

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## Parties

- **Judges:** SH. ASHOK KUMAR…; SH. L. N.…
- **Appellants:** Print…
- **Respondents:** Gopish Pharma…

## Timeline

- **2015-01-01 — Respondent approached…**: Gopish Pharma Limited approached Printofab for printed packaging material for packing and…
- **2015-11-01 — Orders P…**: From November 2015, Gopish Pharma Limited…

## 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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