# In the matter of BRITE PROOFINGS PRIVATE LIMITED

> NCLT judgment dated 2025-11-14. Citation: TCN-2025-NCLT-01858. Tremco CPG (India) Private Limited, the Operational Creditor (OC), filed a Company Petition…

- **Court:** NCLT
- **Order date:** 14 Nov 2025
- **Citation:** TCN-2025-NCLT-01858
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-mumbai/brite-proofings-private-limited-3d3f339b

## Summary

### Background

Tremco CPG (India) Private Limited, the Operational Creditor (OC), filed a Company Petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 ('IBC') read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, for initiating Corporate Insolvency Resolution Process (CIRP) of Brite Proofings Private Limited, the Corporate Debtor (CD). The alleged default amount is Rs. 18,74,53,201.59/-. The first date of default is 29.12.2022 and the last date of default is 18.01.2024.

## Facts

Tremco CPG (India) Private Limited filed a petition under Section 9 of IBC to initiate CIRP against Brite Proofings Private Limited.

The alleged default amount is Rs. 18,74,53,201.59/-.

The first date of default is 29.12.2022 and the last date of default is 18.01.2024.

The Corporate Debtor claimed that the demand notice was invalid due to the constituted attorney lacking territorial authority.

The Corporate Debtor alleged pre-existing disputes concerning the quality of material supplied.

The Corporate Debtor claimed that reconciliation of accounts was pending.

The Corporate Debtor alleged that the Operational Creditor failed to provide record of Default (Form D) with the Information Utility (NeSL).

The Corporate Debtor claimed absence of invoices in the Demand Notice.

…

## Issues and analysis

### Issue 1: Whether the demand notice is invalid as it was signed by a constituted attorney allegedly lacking …

**Ratio:** The Power of Attorney is appended at page no. 32 of the application. Clause no. 1 and 2

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**Reasoning:** The Adjudicating Authority considered the power of attorney and Board Resolution dated

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**Interpretation:** A Board Resolution authorizing the constituted attorney to represent the

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**Application:** The objection regarding the authority of

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## Parties

- **Judges:** SAMEER…; NILESH S…
- **Appellants:** Tremco CPG…
- **Respondents:** Brite Proofings…
- **Other parties:** Jyothsana R…; Rishabh…
- **Advocates:** Shyam Ka…; Arjun M…; +3 more

## Timeline

- **03.12.2024 — Filing of Company…**: Company Petition No. C.P.…
- **29.12.2022 — First Date of…**: The first date of default as…

## 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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