# In the matter of Maqdoom Moghny Enterprises Private Limited CP (IB) No.771-9-HDB-2019

> NCLT judgment dated 2022-05-13. Citation: TCN-2022-NCLT-02754. The case involves an application filed by Manish Fashionworld Private Ltd, an Operational…

- **Court:** NCLT
- **Order date:** 13 May 2022
- **Citation:** TCN-2022-NCLT-02754
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/maqdoom-moghny-enterprises-private-limited-cp-ib-no771-9-hdb-2019-18eba2f3

## Summary

### Background

The case involves an application filed by Manish Fashionworld Private Ltd, an Operational Creditor, against Maqdoom Moghny Enterprises Private Limited, the Corporate Debtor, under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016. The Operational Creditor claimed that the Corporate Debtor defaulted on payments for supplied readymade garments. The Corporate Debtor contested the claim, alleging that the petition was barred by limitation, the deliveries were not substantiated, and the invoices were fabricated. The Corporate Debtor also claimed that a cheque issued was for security and not in discharge of debt.

## Facts

Manish Fashionworld Private Ltd (Operational Creditor) filed a petition against Maqdoom Moghny Enterprises Private Limited (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, claiming a default in payment for supplied readymade garments. The Operational Creditor stated that goods were supplied between 11.06.2015 and 06.08.2015, and invoices were received and accepted by the Corporate Debtor. The Corporate Debtor paid Rs. 2 lacs but failed to pay the remaining Rs. 24,75,740. A cheque issued by the Corporate Debtor for this amount was dishonored. The Operational Creditor issued a demand notice on 19.06.2019. The Corporate Debtor argued that the petition was barred by limitation, the deliveries were not substantiated, and the invoices were

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## Issues and analysis

### Issue 1: Whether the documentary evidence furnished with application shows that the aforesaid debt is due …

**Ratio:** The Operational Creditor must establish that an operational debt is due and payable by

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**Reasoning:** The NCLT perused the invoices, delivery challans, and ledger accounts of the Corporate

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**Interpretation:** The court interpreted Section 9 of the I&B Code, 2016, to require the

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**Application:** The NCLT applied the ratio to the facts by examining the invoices, delivery

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## Parties

- **Judges:** Venkata Ramakrishn…; SH. VEERA BRAHMA…
- **Appellants:** Manish Fashion…
- **Respondents:** Maqdoom Moghny…

## Timeline

- **2015-06-11 — Supply of…**: Operational Creditor supplied readymade…
- **2015-08-06 — End of Supply…**: Last day of the period during which the Operational Creditor supplied readymade garments…

## 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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