# In the matter of Jalaram Flexo Laminates Ltd. CP No. 1713-IBC-MB-2018

> NCLT judgment dated 2022-06-03. Citation: TCN-2022-NCLT-02442. Hubergroup India Pvt. Ltd., the Operational Creditor, filed a Company Petition under Section 9…

- **Court:** NCLT
- **Order date:** 3 Jun 2022
- **Citation:** TCN-2022-NCLT-02442
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/jalaram-flexo-laminates-ltd-cp-no-1713-ibc-mb-2018-e9f89821

## Summary

### Background

Hubergroup India Pvt. Ltd., the Operational Creditor, filed a Company Petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against Jalaram Flexo Laminates Ltd., the Corporate Debtor, for defaulting on payments. The Operational Creditor claimed that the Corporate Debtor failed to pay a sum of Rs. 1,17,65,049/- along with interest at 24% p.a. for goods sold and delivered. The Corporate Debtor denied any liability, citing a dispute over rate difference and quality issues, and claimed to have informed the Operational Creditor of these issues two years prior.

## Facts

Hubergroup India Pvt. Ltd. (Operational Creditor) sold, supplied, and delivered printing inks to Jalaram Flexo Laminates Ltd. (Corporate Debtor). The outstanding pending sales amounted to Rs. 1,07,87,937/-, with overdue interest of Rs. 9,67,723/- and pending Sales Tax Forms 'C' Liability of Rs. 9,389/-. The Operational Creditor's claim is based on invoices raised on the Corporate Debtor, with amounts due on different dates. The Operational Creditor sent a Demand Notice under Form 3 dated 08.02.2018, which was delivered on 19.02.2018. The Corporate Debtor responded on 22.02.2018, denying liability and claiming a rate difference and quality problem, alleging an amount of Rs. 1.30 crores. The Corporate Debtor stated that two officials of the Operational Creditor visited

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## Issues and analysis

### Issue 1: Whether there is an existing dispute between the Operational Creditor and the Corporate Debtor …

**Ratio:** The ratio decidendi is based on the interpretation of 'dispute' under the Insolvency and

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**Reasoning:** The Adjudicating Authority reasoned that the email dated 16.01.2018 from the Corporate

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**Interpretation:** The interpretation of 'dispute' under the IBC is broad and includes any

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**Application:** In this case, the email dated 16.01.2018 served as evidence of a pre-existing

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## Parties

- **Judges:** P.N. Deshmukh…; Shyam Babu…
- **Appellants:** Hubergroup India…
- **Respondents:** Jalaram Flexo…

## Timeline

- **2018-02-08 — Demand Notice…**: The Operational Creditor sent a Demand Notice under Form 3 to the Corporate Debtor…
- **2018-02-19 — Demand Notice…**: The Demand Notice was delivered to and…

## 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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