# In the matter of Sonal Plasrub Industries Private Limited C.P. (IB)- 327 (MB)-2020

> NCLT judgment dated 2023-03-31. Citation: TCN-2023-NCLT-03898. The case involves a Company Petition filed by Zhejiang Medicines & Health Products Import &…

- **Court:** NCLT
- **Order date:** 31 Mar 2023
- **Citation:** TCN-2023-NCLT-03898
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/sonal-plasrub-industries-private-limited-cp-ib-327-mb-2020-9607663f

## Summary

### Background

The case involves a Company Petition filed by Zhejiang Medicines & Health Products Import & Export Co. Ltd. (Operational Creditor) against Sonal Plasrub Industries Private Limited (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP). The Operational Creditor alleges that the Corporate Debtor defaulted in making payment for goods supplied.

## Facts

Zhejiang Medicines & Health Products Import & Export Co. Ltd. (Operational Creditor) filed a petition against Sonal Plasrub Industries Private Limited (Corporate Debtor) for defaulting on payments. The Operational Creditor supplied 2-Chloro Phenyl acetic acid and succinic acid to the Corporate Debtor, raising three invoices. The Corporate Debtor claimed the goods were of substandard quality and provided evidence of rejection letters and chemical analysis reports dating back to October and November 2015. The Operational Creditor issued demand notices, and the Corporate Debtor replied, denying liability due to quality issues. The Operational Creditor argued that the quality issue was raised belatedly. The Corporate Debtor filed a reply stating the petition was

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## Issues and analysis

### Issue 1: Whether a pre-existing dispute existed between the Operational Creditor and the Corporate Debtor …

**Ratio:** A petition under Section 9 of the Insolvency and Bankruptcy Code is not maintainable if

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**Reasoning:** The court examined the evidence presented by the Corporate Debtor, including e-mails and

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**Interpretation:** The court interpreted the evidence as demonstrating that the Corporate Debtor

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**Application:** The court applied the ratio to the facts of the case, finding that the evidence

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## Parties

- **Judges:** Shyam Babu…; KISHORE VEMULAPALL…
- **Appellants:** Zhejiang Medicines…
- **Respondents:** Sonal Plasrub…

## Timeline

- **2015-10-17 — Letter of Re…**: Corporate Debtor sent a letter of…
- **2015-10-28 — E-mail Commun…**: Corporate Debtor sent an email…

## 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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