# In the matter of Total Print Solutions Private Limited

> NCLT judgment dated 2025-08-14. Citation: TCN-2025-NCLT-01248. Jindal SMI Coated Products Limited, the Operational Creditor (OC), filed a petition under…

- **Court:** NCLT
- **Order date:** 14 Aug 2025
- **Citation:** TCN-2025-NCLT-01248
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-mumbai/total-print-solutions-private-limited-b6c1d765

## Summary

### Background

Jindal SMI Coated Products Limited, the Operational Creditor (OC), filed a petition under Section 9 of the Insolvency and Bankruptcy Code (IBC) to initiate Corporate Insolvency Resolution Process (CIRP) against Total Print Solutions Private Limited, the Corporate Debtor (CD). The OC claimed a total default amount of Rs. 1,57,27,642/-, including a principal amount of Rs. 94,02,912/- and interest of Rs. 63,24,730/-.

## Facts

Jindal SMI Coated Products Limited filed a petition under Section 9 of the IBC against Total Print Solutions Private Limited.

The total amount of default claimed was Rs. 1,57,27,642/-, including principal and interest.

The Corporate Debtor argued that the interest clause was unilateral and not mutually agreed upon.

The Corporate Debtor claimed the principal amount was below the Rs. 1 crore threshold.

The Operational Creditor issued demand notices, but the Corporate Debtor failed to discharge the liability.

The Corporate Debtor issued post-dated cheques that were dishonoured.

The Operational Creditor relied on invoices stipulating interest at 24% p.a. for non-payment within 30 days.

…

## Issues and analysis

### Issue 1: Whether unilaterally charged interest can be included in the 'operational debt' for determining the …

**Ratio:** Interest stipulated unilaterally in invoices cannot be included in computing the total

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**Reasoning:** The Adjudicating Authority relied on several judgments, including those of the NCLAT,

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**Interpretation:** The term 'debt' in the IBC does not include interest unless payable in terms of

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**Application:** In this case, there was no written agreement or established course of dealings

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## Parties

- **Judges:** SAMEER…; NILESH S…
- **Appellants:** Jindal SMI Coated…
- **Respondents:** Total Print…
- **Advocates:** Vishawjeet…; Janhavi Hi…; +3 more

## Timeline

- **2025-01-17 — Filing of Company…**: Company Petition No. C.P. (IB)…
- **2022-04-06 — Date of D…**: The default occurred on…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 138 — Discharge order](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-138)

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