# In the matter of Oriel Windows Private Limited

> NCLT judgment dated 2023-08-25. Citation: TCN-2023-NCLT-01932. The case involves an application filed by Deceuninck Profiles India Private Limited, the…

- **Court:** NCLT
- **Order date:** 25 Aug 2023
- **Citation:** TCN-2023-NCLT-01932
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/oriel-windows-private-limited-622e7f25

## Summary

### Background

The case involves an application filed by Deceuninck Profiles India Private Limited, the Operational Creditor, against Oriel Windows Private Limited, the Corporate Debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, for initiating the Corporate Insolvency Resolution Process (CIRP). The Operational Creditor claimed a default in payment for the supply of UPVC profiles. The Corporate Debtor did not raise any dispute regarding the quality or quantity of the goods supplied but failed to pay the Operational Creditor. The Operational Creditor issued a demand notice, but the Corporate Debtor neither replied nor repaid the amount.

## Facts

Deceuninck Profiles India Private Limited (Operational Creditor) filed an application under Section 9 of the I&B Code against Oriel Windows Private Limited (Corporate Debtor) due to unpaid dues for the supply of UPVC profiles. The Operational Creditor claimed Rs. 2,25,99,284/- as the principal outstanding amount plus 18% interest from 28/02/2019. The date of default was 28/02/2019. The Operational Creditor supplied UPVC profiles to the Corporate Debtor as per their requirements, raising 40 invoices between 23.10.2018 and 03.09.2021. The Corporate Debtor issued a cheque of Rs. 17,00,000/- dated 08.08.2020, which was returned unpaid. The Corporate Debtor offered to mortgage property, leading to an MOU dated 31.07.2021, but failed to honor the MOU terms. A cheque of

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor under Section 9 of the I&B Code is …

**Ratio:** Section 9 of the I&B Code allows an operational creditor to initiate CIRP against a

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**Reasoning:** The court found that the Operational Creditor had submitted sufficient evidence to

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**Interpretation:** Section 9 provides a mechanism for operational creditors to recover their dues

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**Application:** The court applied Section 9 to the facts, noting that the Operational Creditor

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## Parties

- **Judges:** KISHORE VEMULAPALL…; Prabhat…
- **Appellants:** Deceuninck…
- **Respondents:** Oriel Windows…

## Timeline

- **2018-10-23 — Invoice Perio…**: Start of the period during which 40 invoices…
- **2021-09-03 — Invoice Per…**: End of the period during which 40 invoices…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 5(21) — Definitions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-5)

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