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NATIONAL COMPANY LAW TRIBUNAL

INDORE SPECIAL BENCH

ITEM No.3

IA/423(MP)2024

in

CP(IB)/25(MP)2024

Order under Section Sec. 379 r.w. Sec. 215 of BNSS 2023 a.w. 424(4) 2013

IN THE MATTER OF:

M/s Delhi Liquors ........Applicant

V/s

Badri Prasad ........Respondent

Coram:

Mohan P. Tiwari, Hon’ble Member(J)

Sanjeev Sharma, Hon’ble Member(T)

PRONOUCMENT ORDER

Delivered on 30/01/2026

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

Court vide separate sheet.

Sd/- Sd/-

SANJEEV SHARMA MOHAN P. TIWARI

MEMBER (TECHNICAL) MEMBER (JUDICIAL)

Neeraj

NCLT INDORE BENCH

IA/423(MP) 2024

In

C.P.(IB) No. 25 of 2024

Date of Order: 30.01.2026

IN THE NATIONAL COMPANY LAW TRIBUNAL

INDORE BENCH

IA/423(MP)/2024

IN

C.P. (IB) No. 25 of 2024

IN THE MATTER OF:

M/s Delhi Liquors

Having office at:

House No. 90, Panki Katra,

Near Panki Hanuman Mandir,

Pankabahadur Nagar,

Kanpur, Uttar Pradesh – 208020

…Applicant / Operational Creditor

Versus

Badri Prasad S/o Shri Lakhpat Singh

R/o G–11, 119-A, Gulmohar Colony,

Bhopal, Madhya Pradesh – 462039

…Respondent

Coram:

Hon’ble Shri Mohan P. Tiwari, Member (Judicial)

Hon’ble Shri Sanjeev Sharma, Member (Technical)

Appearances:

For the Applicant:

Mr. Sunil Fernandes, Senior Advocate

with Mr. Abhishek Prasad, Advocate

For the Respondent:

Mr. Vijayesh Atre, Advocate

with Ms. Aarya Chhangani, Advocate

2 | P age

NCLT INDORE BENCH

IA/423(MP) 2024

In

C.P.(IB) No. 25 of 2024

Date of Order: 30.01.2026

O R D E R

Delivered on 30.01.2026

1. The present Interlocutory Application has been filed by the Applicant–

Operational Creditor seeking initiation of inquiry and prosecution against

the Respondent under Section 379 read with Section 215 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as “BNSS”),

alleging that the Respondent has deliberately made false statements on oath

and has produced false and fabricated documents before this Tribunal with

intent to mislead the judicial process.

2. The Applicant had earlier instituted the captioned Company Petition under

Section 9 of the Insolvency and Bankruptcy Code, 2016 seeking initiation

of Corporate Insolvency Resolution Process against Raisen Marketing

Private Limited, the Corporate Debtor. The present application arises from

the reply filed by the Respondent in opposition to the said insolvency

petition.

3. It is the case of the Applicant that the Respondent, while filing reply to the

Section 9 petition, raised an objection of pre-existing dispute by relying

upon an alleged demand letter dated 16.11.2022, annexed as Annexure R-

T.

4. According to the Applicant, no such letter was ever issued or received, and

the said document has been fabricated solely to create an artificial defence

to defeat the insolvency proceedings.

5. The Applicant further asserts that the speed-post receipt relied upon by the

Respondent does not relate to the alleged demand letter at all, but in fact

corresponds to a legal notice dated 18.11.2022 issued by M/s Som

Distilleries & Breweries Limited, which notice was admittedly received by

the Applicant.

3 | P age

NCLT INDORE BENCH

IA/423(MP) 2024

In

C.P.(IB) No. 25 of 2024

Date of Order: 30.01.2026

6. Copies of the said legal notice, postal envelope bearing identical tracking

number, and pleadings from the commercial suit filed by the said company

have been placed on record by the Applicant to demonstrate the falsity of

the Respondent’s claim.

7. The Applicant has also produced a certificate dated 04.04.2025 issued by

Neveen Jewellers, supported by photographs, certifying that the envelope

along with the SOM notice weighs 18.93 grams, which exactly corresponds

to the 20-gram speed-post receipt relied upon by the Respondent.

8. It has been demonstrated that inclusion of the alleged Corporate Debtor’s

notice or even two additional pages would cause the weight to exceed the

said limit, thereby probabilistically establishing that the envelope could not

have contained both notices as claimed.

9. On the basis of the above material, the Applicant has alleged commission

of perjur