# In the matter of Maruti Inox India Pvt. Ltd. IA-319(AHM)2022 in CP(IB) 167 of 2020

> NCLT judgment dated 2022-04-04. Citation: TCN-2022-NCLT-03402. The Operational Creditor filed an application under Section 9 of the IBC, 2016 against the…

- **Court:** NCLT
- **Order date:** 4 Apr 2022
- **Citation:** TCN-2022-NCLT-03402
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/maruti-inox-india-pvt-ltd-ia-319ahm2022-in-cpib-167-of-2020-99ff41ee

## Summary

### Background

The Operational Creditor filed an application under Section 9 of the IBC, 2016 against the Corporate Debtor, Maruti Inox India Pvt Ltd, for initiating CIRP. The Corporate Debtor stated that its registered address is in Mumbai, which was reflected in the Master Data provided by the Operational Creditor. The application was previously disposed of on the ground that the Ahmedabad Bench did not have jurisdiction, vide order dated 07.12.2021.

## Facts

The Operational Creditor filed an application under Section 9 of the IBC, 2016, against Maruti Inox India Pvt Ltd. The Corporate Debtor claimed its registered address was in Mumbai, as reflected in the Master Data. The application was initially dismissed due to jurisdictional issues. The Operational Creditor now claims to have found an address in Mehsana and alleges the Master Data address is false, accusing the Corporate Debtor of forgery. The Operational Creditor seeks action against the Corporate Debtor and revival of the previously dismissed application. The application does not contain any documentary proof to show that the address of the Corporate Debtor is at Mehsana as mentioned by the Applicant. On the contrary, even today, the Master Date is shared by Learned

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## Issues and analysis

### Issue 1: Whether the RoC should be directed to take appropriate action against the Corporate Debtor for …

**Ratio:** The court has the discretion to direct the RoC to take action if there is sufficient

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**Reasoning:** The court found that the application lacked sufficient evidence to support the claim that

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**Interpretation:** The court interpreted that directing the RoC to take action requires a strong

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**Application:** The court did not find sufficient evidence to direct the RoC to take action

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## Parties

- **Judges:** DEEPTI M…; Ajai Das Me…
- **Appellants:** Shree Bansi Metal…
- **Respondents:** Maruti Inox India…

## Timeline

- **2021-12-07 — Previous…**: The Adjudicating Authority was informed that the Corporate Debtor's registered address is…
- **2022-04-04 — Order Del…**: Order delivered on the…

## 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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