# In the matter of Magppie Global Houseware Pvt. Ltd. IB-235-ND-2023

> NCLT judgment dated 2023-06-15. Citation: TCN-2023-NCLT-02934. The case involves an application filed by M/s. Jain Metal Traders, the Operational Creditor,…

- **Court:** NCLT
- **Order date:** 15 Jun 2023
- **Citation:** TCN-2023-NCLT-02934
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/magppie-global-houseware-pvt-ltd-ib-235-nd-2023-25cccc13

## Summary

### Background

The case involves an application filed by M/s. Jain Metal Traders, the Operational Creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of Corporate Insolvency Resolution Process (CIRP) against M/s. Magppie Global Houseware Pvt. Ltd., the Corporate Debtor, for a debt of Rs. 1,71,72,241. The Operational Creditor and Corporate Debtor had an agreement for the supply of goods since 2012. The Operational Creditor duly supplied the goods, and raised invoices, which were received by the Corporate Debtor without any dispute. The Corporate Debtor failed to make the payment of the amount due.

## Facts

M/s. Jain Metal Traders (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate CIRP against M/s. Magppie Global Houseware Pvt. Ltd. (Corporate Debtor) for a debt of Rs. 1,71,72,241. The Operational Creditor and Corporate Debtor had an agreement for the supply of goods since 2012. The Operational Creditor supplied goods to the Corporate Debtor, and the Corporate Debtor received them without dispute. The Operational Creditor raised various invoices, including Invoice No. 23 dated 11.07.2019, Invoice No. 28 dated 11.07.2019, Invoice No. 33 dated 16.07.2019, Invoice No. 34 dated 16.07.2019, Invoice No. 33 dated 18.02.2021, Invoice No. 34 dated 18.02.2021, and Invoice No. 2 dated 30.09.2021. The Operational

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## Issues and analysis

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

**Ratio:** The ratio is that if an operational debt exists, the corporate debtor has defaulted in

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**Reasoning:** The court reasoned that the Operational Creditor had established the existence of an

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

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**Application:** The court applied the ratio to the facts by noting that the Operational

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## Parties

- **Judges:** SHRI. BACHU…; SHRI. RAHUL…
- **Appellants:** M/s. Jain Metal…
- **Respondents:** M/s. Magppie…

## Timeline

- **2012-01-01 — Agreement for Supply of…**: The Operational Creditor and Corporate Debtor entered into an agreement for the supply of…
- **2019-07-11 — Invoice…**: Operational Creditor raised…

## 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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