# In the matter of Clothwari Printing Private Limited

> NCLT judgment dated 2025-04-04. Citation: TCN-2025-NCLT-01086. INSIGHT PRINT COMMUNICATIONS PRIVATE LIMITED filed an application under Section 9 of the…

- **Court:** NCLT
- **Order date:** 4 Apr 2025
- **Citation:** TCN-2025-NCLT-01086
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-new-delhi/clothwari-printing-private-limited-e4b7aed7

## Summary

### Background

INSIGHT PRINT COMMUNICATIONS PRIVATE LIMITED filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against CLOTHWARI PRINTING PRIVATE LIMITED due to a default of Rs. 3,07,44,284/-.

## Facts

INSIGHT PRINT COMMUNICATIONS PRIVATE LIMITED (Operational Creditor) filed an application under Section 9 of the IBC against CLOTHWARI PRINTING PRIVATE LIMITED (Corporate Debtor).

The alleged default amount is Rs. 3,07,44,284/-, calculated till 28.09.2022.

The Corporate Debtor issued a purchase order on 21.11.2019 for the purchase of an Ario print Digital Textile printer.

The Operational Creditor supplied the printer and raised an invoice on 21.11.2019 for Rs. 3,12,44,282/-.

The Corporate Debtor made a part payment of Rs. 5,00,000/- on 28.09.2022.

The Corporate Debtor claimed the application was time-barred and that there was a pre-existing dispute regarding the printer's functionality.

…

## Issues and analysis

### Issue 1: Whether the application under Section 9 …

**Ratio:** Section 19 of the Limitation Act, 1963 states that part payment against a debt restarts

…

**Reasoning:** The Corporate Debtor made a part payment of Rs. 5,00,000/- on 28.09.2022. The Hon'ble

…

**Interpretation:** The part payment extended the limitation period, and the Suo Moto Writ Petition

…

**Application:** The Adjudicating Authority concluded that the application was not barred by

…

## Parties

- **Judges:** SHRI. MAHENDRA…; SHRI. ATUL…
- **Appellants:** INSIGHT PRINT…
- **Respondents:** CLOTHWARI…
- **Other parties:** Dinesh Gopal…
- **Advocates:** Dhrubajit…; Aniket Kumar…; +1 more

## Timeline

- **2019-11-21 — Purchase…**: Corporate Debtor issued a purchase order for…
- **2019-11-21 — Invoice…**: Operational Creditor raised an…

## 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-new-delhi/clothwari-printing-private-limited-e4b7aed7