# In the matter of BRITE PROOFINGS PRIVATE LIMITED

> NCLT judgment dated 2025-11-14. Citation: TCN-2025-NCLT-01636. Tremco CPG (India) Private Limited, the Operational Creditor (OC), filed a Company Petition…

- **Court:** NCLT
- **Order date:** 14 Nov 2025
- **Citation:** TCN-2025-NCLT-01636
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-mumbai/brite-proofings-private-limited-f9222e8b

## 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) to initiate Corporate Insolvency Resolution Process (CIRP) against Brite Proofings Private Limited, the Corporate Debtor (CD), for a default amount of Rs. 18,74,53,201.59/-. The OC claimed that the CD defaulted in servicing its payment obligations towards invoices raised between September 2022 and October 2023.

## Facts

The Operational Creditor (Tremco CPG) filed a petition under Section 9 of the IBC to initiate CIRP against the Corporate Debtor (Brite Proofings).

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 pre-existing disputes regarding the quality of goods supplied.

The Corporate Debtor made an ad-hoc payment of INR 25,00,000/- on 30th September 2024 after receiving the demand notice.

The Corporate Debtor issued a reply notice dated 07th October 2024 raising contentions against the demand notice.

The Operational Creditor's account reflects 'phantom' invoices aggregating to approximately INR 3.8 Crores, which appear as their opening balance without any justification.

…

## Issues and analysis

### Issue 1: Whether the demand notice is invalid due to being signed by a constituted attorney allegedly …

**Ratio:** A Board Resolution dated 23.10.2024 authorizes Mr. Jeyakumar to make representations for

…

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

…

**Interpretation:** A valid Board Resolution can override the limitations of a specific Power of

…

**Application:** The NCLT determined that the Board Resolution authorized Mr. Jeyakumar to

…

## 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. (IB) 390/MB/2025 was filed on 03.12.2024 under Section 9 of the…
- **29.12.2022 — First Date of…**: The first date of default…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-mumbai/brite-proofings-private-limited-f9222e8b