# In the matter of Jadoun International Pvt. Ltd.

> NCLT judgment dated 2023-08-11. Citation: TCN-2023-NCLT-02077. The case involves an application (IA No. 232/JPR/2019) filed by the Resolution Professional…

- **Court:** NCLT
- **Order date:** 11 Aug 2023
- **Citation:** TCN-2023-NCLT-02077
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/jadoun-international-pvt-ltd-be048b85

## Summary

### Background

The case involves an application (IA No. 232/JPR/2019) filed by the Resolution Professional (RP) of Jadoun International Pvt. Ltd. (Corporate Debtor) under Section 60(5) read with Section 20 of the Insolvency and Bankruptcy Code (IBC), seeking directions against Prerna India Marbles Pvt. Ltd. (Respondent No. 2) to pay an outstanding amount of Rs. 22,80,728/- due to the Corporate Debtor. The Financial Creditor, Indus Contrainer Lines Pvt. Ltd., had initiated Corporate Insolvency Resolution Process (CIRP) against Jadoun International Pvt. Ltd. The RP, after scrutinizing the Corporate Debtor's accounts, found its assets insufficient to cover its liabilities. The RP sent a letter to Respondent No. 2 requesting payment for freight services rendered. Respondent No. 2

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## Facts

Indus Contrainer Lines Pvt. Ltd., the Financial Creditor, initiated CIRP against Jadoun International Pvt. Ltd. (Corporate Debtor). The Resolution Professional (RP) filed an application (IA No. 232/JPR/2019) seeking directions against Prerna India Marbles Pvt. Ltd. (Respondent No. 2) to pay Rs. 22,80,728/- for freight services. The RP found the Corporate Debtor's assets insufficient to cover liabilities. The RP sent a letter to Respondent No. 2 requesting payment. Respondent No. 2 claimed the amount was set-off against goods supplied to Jagannath Marbles and Granites, a proprietorship firm managed by the suspended director of the Corporate Debtor, Saurabh Singh. The Corporate Debtor allegedly supplied rough marbles and blocks to Respondent No. 2, who in return provided

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority has the jurisdiction to allow the application filed by the …

**Ratio:** The NCLT is not a recovery forum. The remedy for recovery of debts, disputed or not,

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**Reasoning:** The court relied on the judgments of the Supreme Court and NCLAT, which have consistently

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**Interpretation:** Section 60(5) of the IBC provides the NCLT with jurisdiction to adjudicate

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**Application:** In this case, the dispute regarding the outstanding debt between the Corporate

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## Parties

- **Judges:** Deep Chandr…; ATUL CHAT…
- **Appellants:** Ajit K…
- **Respondents:** Jadoun Internation…; SUSPENDED BOARD…

## Timeline

- **2018-01-01 — Initiation…**: CIRP initiated against Jadoun International Pvt. Ltd. (Corporate Debtor) by Indus…
- **2019-01-25 — CIRP Initiati…**: Authority vide order dated 25.01.2019 initiated CIRP of the Corporate Debtor and…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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