# In the matter of Radharani Exports Private Limited IA No. 204-JPR-2022 in CP No. (IB)- 328-9-JPR-2019

> NCLT judgment dated 2023-04-12. Citation: TCN-2023-NCLT-03830. M/s Garg Granites Private Limited, the operational creditor/applicant, filed an application to…

- **Court:** NCLT
- **Order date:** 12 Apr 2023
- **Citation:** TCN-2023-NCLT-03830
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/radharani-exports-private-limited-ia-no-204-jpr-2022-in-cp-no-ib-328-9-jpr-2019-5be2e0d2

## Summary

### Background

M/s Garg Granites Private Limited, the operational creditor/applicant, filed an application to initiate Corporate Insolvency Resolution Process (CIRP) against M/s Radharani Exports Private Limited, the corporate debtor/respondent, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The applicant claimed that the corporate debtor defaulted on payments for marble slabs supplied, amounting to Rs. 1,89,10,937/- along with 18% interest per annum. The applicant issued a demand notice under Section 8 of the Code on 10.10.2019.

## Facts

M/s Garg Granites Private Limited (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against M/s Radharani Exports Private Limited (Corporate Debtor). The Operational Creditor supplied marble slabs to the Corporate Debtor, but the Corporate Debtor failed to make payments. The total outstanding amount, including interest at 18% per annum, was Rs. 1,89,10,937/-. The Operational Creditor issued a demand notice on 10.10.2019. The Corporate Debtor claimed a dispute existed regarding the quality of goods and non-delivery of irregular marble slabs. The Corporate Debtor also sent a Demand-cum-Arbitration Notice dated 03.11.2019, which the Applicant refused to

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## Issues and analysis

### Issue 1: Whether there is a dispute regarding the quality of the goods supplied by the Applicant to the …

**Ratio:** The existence of a pre-existing dispute is a bar to the admission of an application under

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**Reasoning:** The Adjudicating Authority examined the documents and found no authentic communication to

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**Interpretation:** The court interpreted that a dispute must be supported by credible evidence and

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**Application:** Since the Corporate Debtor failed to provide any authentic communication to

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## Parties

- **Judges:** Deep Chandr…; Prasanta Kumar…
- **Appellants:** M/s Garg Granites…
- **Respondents:** M/s Radharani…

## Timeline

- **2017-03-02 — Invoice…**: First invoice date for…
- **2019-10-10 — Demand Notice…**: Applicant issued a demand notice…

## 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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