# In the matter of N.P. Fabricss Private Limited C.P. (IB)-67(KB)2022

> NCLT judgment dated 2022-04-22. Citation: TCN-2022-NCLT-03127. The case involves a petition filed under Section 9 of the Insolvency and Bankruptcy Code (IBC)…

- **Court:** NCLT
- **Order date:** 22 Apr 2022
- **Citation:** TCN-2022-NCLT-03127
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/np-fabricss-private-limited-cp-ib-67kb2022-fcd9c352

## Summary

### Background

The case involves a petition filed under Section 9 of the Insolvency and Bankruptcy Code (IBC) by an operational creditor, Ajit Agarwal, against N.P. Fabricss Private Limited. The hearing was held on April 22, 2022, before the National Company Law Tribunal (NCLT), Kolkata Bench.

## Facts

Ajit Agarwal, the operational creditor, filed a petition against N.P. Fabricss Private Limited under Section 9 of the IBC. The hearing took place on April 22, 2022. During the proceedings, it was noted that the invoices related to the year 2016, but the petition did not specify the date of default. The Authorized Representative for the Operational Creditor was present, as was the Counsel for the Corporate Debtor. Ultimately, the petition was dismissed as withdrawn at the request of the Operational Creditor's representative. The absence of a specific default date is a key fact, potentially leading to the withdrawal of the petition.

## Issues and analysis

### Issue 1: Whether the petition under Section 9 of the IBC should be admitted given the absence of a specified …

**Ratio:** A petition under Section 9 of the IBC requires a clear demonstration of default. The date

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**Reasoning:** The court noted that the invoices pertained to 2016, but the date of default was not

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**Interpretation:** Section 9 of the IBC mandates that an operational creditor must demonstrate a

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**Application:** In this case, the absence of a specified default date in the petition weakens

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## Parties

- **Judges:** Rajasekha…; Balraj…
- **Appellants:** Ajit Ag…
- **Respondents:** N.P. FABRICSS…

## Timeline

- **2016-01-01 — Invoice P…**: The invoices related to the…
- **2022-04-22 — Hearing…**: Hearing held on April…

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