2021 (9) TMI 1344 - Tri - Insolvency and Bankruptcy

Operational Creditor's CIRP Application Dismissed under IBC

In the matter of: M/s. Mando Automotive India Private Limited Versus M/s. Chennai Clamptech Designer Private Limited

In the matter of: M/s. Mando Automotive India Private Limited Versus M/s. Chennai Clamptech Designer Private Limited - TMI Issues Involved:1. Validity of the claim made by the Operational Creditor.2. Admissibility of documents submitted by the Operational Creditor.3. Qualification of the Applicant as an Operational Creditor under IBC, 2016.4. Nature of the transaction between the Operational Creditor and Corporate Debtor.5. Existence of any pre-existing dispute between the parties.Issue-wise Detailed Analysis:1. Validity of the claim made by the Operational Creditor:The Operational Creditor, M/s. Mando Automotive India Private Limited, filed an application under Section 9 of the Insolvency & Bankruptcy Code 2016 (IBC, 2016) against M/s. Chennai Clamptech Designer Private Limited, seeking to initiate Corporate Insolvency Resolution Process (CIRP). The claim was for a sum of Rs. 14,41,728/- as operational debt, with the date of default mentioned as 11.12.2017. Despite repeated requests, the Corporate Debtor did not pay the dues. The Operational Creditor issued a Demand Notice under Section 8 of IBC, 2016, which was served on the Managing Director of the Corporate Debtor.2. Admissibility of documents submitted by the Operational Creditor:The Operational Creditor listed several documents to prove the operational debt, including invoices, a demand notice, a reply notice, and the master data of the Corporate Debtor from the Ministry of Corporate Affairs (MCA). However, the tribunal noted that the Operational Creditor failed to enclose copies of the invoices and the ledger account, which are essential for adjudication. The absence of these documents rendered the application incomplete.3. Qualification of the Applicant as an Operational Creditor under IBC, 2016:The tribunal examined whether the Applicant qualifies as an Operational Creditor. According to Sections 3(6), 3(11), 3(12), 5(20), and 5(21) of IBC, 2016, an Operational Creditor is a person to whom an operational debt is owed. The tribunal found that the nature of transactions between the parties involved mutual supply of materials, where the Operational Creditor supplied materials to the Corporate Debtor, who then converted them into finished products and supplied them back. This mutual supply arrangement disqualified the Applicant from being considered an Operational Creditor.4. Nature of the transaction between the Operational Creditor and Corporate Debtor:The tribunal reviewed the Master Contract dated 11.11.2013, which outlined that the Operational Creditor (MAIL) engaged in manufacturing automotive components, while the Corporate Debtor (Supplier) manufactured and sold auto parts required for MAIL products. The tribunal concluded that the relationship involved mutual supply and conversion of materials, rather than a straightforward provision of goods or services by one party to the other.5. Existence of any pre-existing dispute between the parties:The Corporate Debtor contended that there was an understanding agreement requiring a six-month notice for termination of business, which the Operational Creditor did not provide. Additionally, the Corporate Debtor argued that issues regarding the quality and delay in delivery were raised for the first time in the application. The tribunal noted that the Operational Creditor did not raise any issues regarding pending payments until the demand notice was issued, suggesting a possible pre-existing dispute.Conclusion:The tribunal dismissed the application on the grounds that the Operational Creditor did not qualify as an Operational Creditor under IBC, 2016, and the application lacked essential documents. The mutual supply arrangement between the parties and the absence of a straightforward operational debt relationship were pivotal in the tribunal's decision. The application was deemed incomplete and dismissed without costs.