IN THE NATIONAL COMPANY LAW TRIBUNAL

AHMEDABAD

DIVISION BENCH

COURT - 1

ITEM No.304

C.P.(IB)/281(AHM)2023

Proceedings under Section 9 IBC

IN THE MATTER OF:

Torrecid India Private Limited ........Applicant

V/s

Capson Tiles Private Limited ........Respondent

Order delivered on: 05/07/2024

Coram:

Mr. Shammi Khan, Hon’ble Member(J) Mr. Sameer Kakar, Hon’ble Member(T)

PRESENT:

For the Applicant : For the Respondent :

ORDER

(Hybrid Mode)

The case is fixed for pronouncement of the order. The order is pronounced in the

open court, vide separate sheet.

-Sd- -Sd-

SAMEER KAKAR SHAMMI KHAN

MEMBER (TECHNICAL) MEMBER (JUDICIAL)

BEFORE THE ADJUDICATING AUTHORITY NATIONAL COMPANY LAW TRIBUNAL AHMEDABAD BENCH COURT-I (An application under Section 9 of the Insolvency and Bankruptcy Code, 2016 read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority)

Rules, 2016)

In the Matter of:

TORRECID INDIA PVT. LTD.

(CIN: U26915GJ2010FTC104703 Registered office at Plot No. 29, 30 and 31, GIDC, Savvli, Alindra, Ta. Savli, Dist. Vadodara, Gujarat-391775.

…Applicant/Operational Creditor VERSUS CAPSON TILES PVT. LTD.

(CIN: U26933GJ2007PTC052201 Registered office at Survey No. 86, Ta. Morbi Na Juna Jambudiya, Gujarat- 363642 …Respondent/Corporate Debtor Order Pronounced On: 05.07.2024 CORAM:

SH. SHAMMI KHAN, HON’BLE MEMBER (JUDICIAL)

SH. SAMEER KAKAR, HON’BLE MEMBER (TECHNICAL)

APPEARANCE:

For the Applicant : Dr. Kamlesh Vaidankar, Advocate For the Respondent : Mr. Arjun Padhiyar, Advocate

O R D E R

1. The Present Application is filed on 3.11.2023 was filed through E-Mode and physical copy was filed on 07.11.2023 vide inward diary No. 1980 by the Applicant M/s. Torrecid India Pvt. Limited (hereinafter referred to as “Operational Creditor”) against the Respondent M/s. Capson Tiles Private Limited (hereinafter referred to as “Corporate Debtor”) under Section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as “IBC, 2016”) read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 (hereinafter referred to as “IB (APPLICANT) Rules, 2016”) for initiation of Corporate Insolvency Resolution Process (CIRP), to appoint Interim Resolution Professional (hereinafter referred to as “IRP” and declare the moratorium for having defaulted payment of the operational debt of Rs.1,15,06,632/- including interest. The date of default is stated to be 27.01.2023 to 19.03.2023 for the invoices raised from

19.10.2022 to 09.12.2022.

2. After issuance of the notice in the matter, the Respondent appeared through its Counsel and filed reply on 28.02.2024 vide inward diary No. D-1647 to which the Applicant has also filed rejoinder on

17.05.2024 vide inward diary No. 2127.

3. On 24.06.2024 the matter was taken up for hearing and during the course of hearing the following one of the defense was taken by the Ld. Counsel for the Respondent which is recorded as under:-

“During the course of hearing, one of the defence taken by the Respondent is that the date of the petition is dated 11.10.2023 whereas the affidavit in support is a prior date 27.07.2023. Further affidavit annexed in support of the documents is also dated 18.08.2023 which is also prior to the date of the petition.

In rebuttal the counsel for the applicant submitted that he has initially filed the petition on 05.09.2023. However, due to the certain objection raised by the Registry he had to file a fresh petition due to which this discrepancy has occurred.

Let the details of the filing inward no. be provided to the Registry and Registry to place on records the previous filed petition to ascertain the correctness of the submissions.”

4.

In compliance of order dated 24.06.2024 Registry of the Tribunal has submitted its report by way of Note dated

02.07.2024 which is reproduced herein:-.

1. “Company Petition (IB) bearing e-filing No.2401105/01586/2023 was e-filed on 01.09.2023 which was entered in inward register on 5.9.2023 bearing No.1586 when physical copy was filed (copy of ackn