# In the matter of Mor Mukat Marketing Private Limited Company Petition No. IB-3017-ND-2019

> NCLT judgment dated 2022-04-12. Citation: TCN-2022-NCLT-03269. The case pertains to an application filed by M/s Vishakarma Tool Works, the operational…

- **Court:** NCLT
- **Order date:** 12 Apr 2022
- **Citation:** TCN-2022-NCLT-03269
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/mor-mukat-marketing-private-limited-company-petition-no-ib-3017-nd-2019-ffce6128

## Summary

### Background

The case pertains to an application filed by M/s Vishakarma Tool Works, the operational creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s Mor Mukat Marketing Private Limited & Ors., the corporate debtor. The claim is based on an alleged default of Rs. 30,31,780/- for the supply of pet moulds, injection moulds, and other machinery. The operational creditor claims that the corporate debtor accepted deliveries but failed to make payments. The corporate debtor contends that the supplied moulds were defective.

## Facts

M/s Vishakarma Tool Works (operational creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against M/s Mor Mukat Marketing Private Limited & Ors. (corporate debtor) for a default of Rs. 30,31,780/-. The debt arose from the supply of pet moulds, injection moulds, and other machinery. The operational creditor claims that invoices were raised for the supplied goods, and a demand notice was sent under Section 8 of the IBC on 2019-09-12. The corporate debtor acknowledged ordering the goods but claimed they were defective and did not meet minimum standards. They also alleged that the operational creditor pressured them for FORM C instead of replacing the defective goods. The operational creditor denied the allegations, stating that

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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 adjudicating authority must reject the application under Section 9(5)(2)(d) if a

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**Reasoning:** The court reasoned that the part payments made by the corporate debtor indicated that the

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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 considering the part payments made

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## Parties

- **Judges:** DHARMINDER…; SUMITA PURK…; +1 more
- **Appellants:** M/s Vishakarma…
- **Respondents:** M/s Mor Mukat…

## Timeline

- **2016-03-28 — Invoice…**: Invoice raised by operational…
- **2016-04-05 — Invoice…**: Invoice raised by operational…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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