# In the matter of Clarion Health Food LLP vs. Goli Vada Pav Pvt. Ltd.

> NCLAT judgment dated 2024-11-20. Citation: TCN-2024-NCLAT-00086. This case involves an appeal filed by Clarion Health Food LLP, a majority shareholder in Goli…

- **Court:** NCLAT
- **Order date:** 20 Nov 2024
- **Citation:** TCN-2024-NCLAT-00086
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/clarion-health-food-llp-vs-goli-vada-pav-pvt-ltd-fd17bfd9

## Summary

### Background

This case involves an appeal filed by Clarion Health Food LLP, a majority shareholder in Goli Vada Pav Pvt. Ltd. (Corporate Debtor), against the order of the National Company Law Tribunal (NCLT), Mumbai Bench, which admitted a petition filed by Vista Processed Foods Pvt. Ltd. (Operational Creditor) under Section 9 of the Insolvency and Bankruptcy Code (IBC), initiating the Corporate Insolvency Resolution Process (CIRP) against Goli Vada Pav Pvt. Ltd. The appellant contends that they were unaware of the CIRP initiation and that there was a pre-existing dispute between the appellant and the corporate debtor, which was not brought to the attention of the Adjudicating Authority (AA). The appellant also alleges collusion between the operational creditor and the corporate

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## Facts

Clarion Health Food LLP, the appellant, holds a 63.64% stake in Goli Vada Pav Pvt. Ltd., the corporate debtor. Vista Processed Foods Pvt. Ltd., the operational creditor, filed a petition under Section 9 of the IBC against Goli Vada Pav Pvt. Ltd. for an operational debt of Rs. 3,56,04,233. The NCLT admitted the petition and initiated CIRP against the corporate debtor. The appellant claims they were unaware of the CIRP initiation and that there was a pre-existing dispute between the appellant and the corporate debtor, for which the appellant had filed a Company Petition No. 28/2023 under Sections 241-242 of the Companies Act, 2013. The appellant alleges collusion between the operational creditor and the corporate debtor. The operational creditor issued a demand notice

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## Issues and analysis

### Issue 1: Whether a majority shareholder of a corporate debtor can be considered an 'aggrieved person' under …

**Ratio:** The ratio is that a shareholder, even a majority shareholder, is generally not considered

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**Reasoning:** The court reasoned that the IBC's primary objective is to resolve insolvency issues

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**Interpretation:** The interpretation of 'aggrieved person' under Section 61 of the IBC is

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**Application:** In this specific case, the court applied the ratio by holding that Clarion

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## Parties

- **Judges:** Rakesh Kuma…; Naresh Sa…; +1 more
- **Appellants:** Clarion Health…
- **Respondents:** Goli Vada Pav…

## Timeline

- **2022-10-15 — Demand N…**: Operational Creditor issued a…
- **2022-10-29 — Corrigendum…**: Operational Creditor…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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