# In the matter of Jazzcon Engineers Pvt. Ltd.

> NCLT judgment dated 2025-09-09. Citation: TCN-2025-NCLT-01391. M/s. Mittal & Brothers, an operational creditor, filed an application under Section 9 of the…

- **Court:** NCLT
- **Order date:** 9 Sept 2025
- **Citation:** TCN-2025-NCLT-01391
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-new-delhi/jazzcon-engineers-pvt-ltd-9e25f527

## Summary

### Background

M/s. Mittal & Brothers, an operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against M/s. Jazzcon Engineers Pvt. Ltd. for defaulting on payments.

## Facts

M/s. Mittal & Brothers (Operational Creditor) supplied electrical goods to M/s. Jazzcon Engineers Pvt. Ltd. (Corporate Debtor) from 2008 to 2016, and the Corporate Debtor made timely payments during this period.

The Operational Creditor resumed supplying electrical goods to the Corporate Debtor on 08.05.2020, but the Corporate Debtor failed to clear outstanding dues.

The invoices contained a stipulation that interest would be charged at 24% per annum on bills not paid within 30 days.

The Corporate Debtor issued several cheques, some of which were honored, while others were dishonored.

The Operational Creditor issued a legal notice dated 04.09.2024 under Section 138 of the Negotiable Instruments Act, 1881, in respect of dishonor of cheque(s).

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## Issues and analysis

### Issue 1: Whether the application is maintainable under Section 9 of the IBC, considering the monetary …

**Ratio:** The minimum threshold limit of Rs. 1 Crore as laid down under Section 4 of the Code is a

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**Reasoning:** The Adjudicating Authority observed that the present petition failed to meet the minimum

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**Interpretation:** The statutory requirement of the minimum threshold under Section 4 must be

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**Application:** Since the outstanding debt, after excluding the amount pertaining to the

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## Parties

- **Judges:** MANNI SANKARIAH…; ATUL CHAT…
- **Appellants:** Mittal & Br…
- **Respondents:** Jazzcon Engineers…
- **Other parties:** Vivek S…; Chattar…
- **Advocates:** Gaurav…; Yashraj…

## Timeline

- **2020-05-08 — Supply of…**: Operational Creditor agreed to supply…
- **2024-09-04 — Legal No…**: Operational Creditor issued a legal notice under Section 138 of the Negotiable…

## 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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