# In the matter of U S Graphics Private Limited (IB)-671(ND)2021

> NCLT judgment dated 2022-07-12. Citation: TCN-2022-NCLT-01762. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 12 Jul 2022
- **Citation:** TCN-2022-NCLT-01762
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/u-s-graphics-private-limited-ib-671nd2021-22d9794b

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) by M/s. Hukum Singh & Sons, an operational creditor, against M/s. US Graphics Private Limited, the corporate debtor, seeking to initiate the Corporate Insolvency Resolution Process (CIRP). The operational creditor claimed that the corporate debtor defaulted on payments for supplied goods. The application was filed because the corporate debtor allegedly failed to pay an outstanding debt of Rs. 14,16,633/-, which included principal and interest. The Adjudicating Authority observed that the operational debt was less than the threshold limit of Rs. 1 Crore, leading to a hearing on the maintainability of the application.

## Facts

M/s. Hukum Singh & Sons (Partnership Firm) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) against US Graphics Private Limited, seeking to initiate the Corporate Insolvency Resolution Process (CIRP). Hukum Singh & Sons claimed to be an operational creditor of US Graphics Private Limited, alleging that US Graphics Private Limited defaulted on payments for goods supplied. The total amount claimed by the operational creditor was Rs. 14,16,633/-, which included a principal amount of Rs. 8,32,104/- and an interest amount of Rs. 5,84,529/-. The invoices were raised between December 20, 2017, and February 11, 2020. A demand notice was issued on July 7, 2021, under Section 8 of the IBC. The Adjudicating Authority noted that the

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the Insolvency and Bankruptcy Code, 2016 is maintainable …

**Ratio:** The amended Section 4 of the IBC stipulates that Part II of the IBC applies to matters

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**Reasoning:** The Adjudicating Authority relied on precedents from the High Court of Kerala and the

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**Interpretation:** Section 4 of the IBC, as amended, clearly specifies that the minimum amount of

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**Application:** In this case, the total claim of the applicant was less than Rs. 1 Crore, and

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## Parties

- **Judges:** DHARMINDER…; L. N. G…
- **Appellants:** M/s. Hukum Singh…
- **Respondents:** US Graphics…

## Timeline

- **2017-12-20 — Invoice Perio…**: Start date of the period during which invoices…
- **2020-02-11 — Invoice Per…**: End date of the period during which invoices…

## 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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