# M/s Bjain Pharmaceuticals Private Limited vs. M/s AMISHI CONSUMER TECHNOLOGIES PVT LTD

> NCLT judgment dated 2026-07-02. Citation: TCN-2026-NCLT-00717. M/s Bjain Pharmaceuticals Private Limited (Operational Creditor) filed an application under…

- **Court:** NCLT
- **Order date:** 2 Jul 2026
- **Citation:** TCN-2026-NCLT-00717
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-new-delhi/ms-bjain-pharmaceuticals-private-limited-vs-ms-amishi-consumer-technologies-pvt-qbtkv

## Summary

### Background

M/s Bjain Pharmaceuticals Private Limited (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against M/s AMISHI CONSUMER TECHNOLOGIES PVT LTD (Corporate Debtor) to initiate Corporate Insolvency Resolution Process (CIRP). The application sought to recover an unpaid operational debt of Rs. 1,32,02,182/-, arising from goods supplied by the Operational Creditor to the Corporate Debtor, which subsequently defaulted on payments.

## Facts

M/s Bjain Pharmaceuticals Private Limited (Applicant/Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016.

The application seeks to initiate Corporate Insolvency Resolution Process (CIRP) against M/s AMISHI CONSUMER TECHNOLOGIES PVT LTD (Respondent/Corporate Debtor).

The alleged operational debt amounts to Rs. 1,32,02,182/-.

The Corporate Debtor's registered office is in New Delhi, granting the NCLT Bench – VI, New Delhi, territorial jurisdiction.

The Applicant is an Indian pharmaceutical company.

The Respondent is a manufacturer and supplier of personal care products.

The Respondent approached the Applicant in December 2021 to purchase goods on credit.

…

## Issues and analysis

### Issue 1: Whether there was a genuine pre-existing dispute regarding the payment terms between the …

**Ratio:** Express contractual terms (Contract Manufacturing Agreement) override unilateral

…

**Reasoning:** The Corporate Debtor failed to place on record any material evidencing a mutually agreed

…

**Interpretation:** The absence of mutual agreement on altered payment terms and the Corporate

…

**Application:** The Corporate Debtor's objection regarding payment terms does not establish the

…

## Parties

- **Judges:** JYOTSNA S…; Anu Jagmoha…
- **Appellants:** M/s Bjain…
- **Respondents:** M/s AMISHI…
- **Other parties:** Amit Ta…; Nishant…
- **Advocates:** Aayush Ko…; Dhruv M…; +1 more

## Timeline

- **2021-12 — Respondent approached…**: M/s AMISHI CONSUMER TECHNOLOGIES PVT LTD approached M/s Bjain Pharmaceuticals Private…
- **2021-12-20 — Contract Manufacturing…**: Contract Manufacturing Agreement executed between the Applicant and the Respondent, with…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

---

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/ms-bjain-pharmaceuticals-private-limited-vs-ms-amishi-consumer-technologies-pvt-qbtkv