# In the matter of KHUSHBOO MARBLES PVT LTD

> NCLT judgment dated 2025-07-02. Citation: TCN-2025-NCLT-00754. M/s Karni Marble and Granites, the Operational Creditor, filed a petition under Section 9 of…

- **Court:** NCLT
- **Order date:** 2 Jul 2025
- **Citation:** TCN-2025-NCLT-00754
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/khushboo-marbles-pvt-ltd-461ae066

## Summary

### Background

M/s Karni Marble and Granites, the Operational Creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of Corporate Insolvency Resolution Process (CIRP) against M/s Khushboo Marbles Pvt. Ltd., the Corporate Debtor, due to default in repayment of an operational debt amounting to Rs. 1,24,56,119/-.

## Facts

The Operational Creditor (Karni Marble and Granites) filed a petition under Section 9 of the IBC seeking initiation of CIRP against the Corporate Debtor (Khushboo Marbles Pvt. Ltd.).

The Operational Debt claimed was Rs. 1,24,56,119/- due to unpaid invoices.

The Corporate Debtor claimed that there was a pre-existing dispute regarding the quality of granite slabs supplied by the Operational Creditor.

The Corporate Debtor also argued that the Demand Notice was not validly served.

The Demand Notice dated 07.10.2024 was sent to the registered email address of the Corporate Debtor.

The last payment made by the Corporate Debtor was on 01.02.2024.

The Operational Creditor is engaged in the business of cutting and polishing granites, marbles, and stones.

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## Issues and analysis

### Issue 1: Whether the service of the Demand Notice under Section 8 of the Code upon the email address of the …

**Ratio:** The service of a Demand Notice under Section 8 of the Code upon the registered email

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**Reasoning:** The Adjudicating Authority relied on Rule 5 of the Insolvency and Bankruptcy (Application

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**Interpretation:** The registered email address of the Corporate Debtor is considered a valid mode

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**Application:** In this case, the Demand Notice was sent to the registered email address of the

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## Parties

- **Judges:** Reeta K…; Kavita Bha…
- **Appellants:** Karni Marble and…
- **Respondents:** Khushboo Marbles…
- **Other parties:** abc…

## Timeline

- **1996-04-18 — Incorporation of…**: Khushboo Marbles Pvt.…
- **2024-02-08 — Default…**: Dues of the Corporate…

## 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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