# In the matter of Gold Chick Hatcheries & Foods Private Limited

> NCLAT judgment dated 2025-02-19. Citation: TCN-2025-NCLAT-00208. M/s.Noveltech Feeds Private Limited, the Operational Creditor (OC), filed a petition under…

- **Court:** NCLAT
- **Order date:** 19 Feb 2025
- **Citation:** TCN-2025-NCLAT-00208
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/gold-chick-hatcheries-foods-private-limited-f2711597

## Summary

### Background

M/s.Noveltech Feeds Private Limited, the Operational Creditor (OC), filed a petition under Section 9 of the Insolvency & Bankruptcy Code, 2016, against M/s.Gold Chick Hatcheries & Food Private Limited, the Corporate Debtor (CD), for failing to pay an amount of Rs.1,29,03,363/- and interest of Rs.18,02,845/-. The OC claimed that the CD defaulted on payments for poultry feeds supplied as per invoices. The CD contested the petition, arguing that the Section 8 notice was not sent to the registered office, the feed supplied was of poor quality, and the interest calculation was not provided. A significant portion of the debt fell within the period specified under Section 10-A of the IBC, which prohibits the initiation of insolvency proceedings for defaults occurring

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## Facts

M/s.Noveltech Feeds Private Limited (Operational Creditor) supplied poultry feeds to M/s.Gold Chick Hatcheries & Food Private Limited (Corporate Debtor). The Corporate Debtor failed to make payments totaling Rs.1,29,03,363/- along with interest of Rs.18,02,845/- for the period between 19.09.2021 and 31.03.2022. The Operational Creditor issued a demand notice dated 24.05.2022, but the Corporate Debtor did not pay. The Corporate Debtor claimed the Section 8 notice was not sent to the registered office and the feed supplied was of poor quality, causing losses. A portion of the debt was incurred between March 25, 2020, and March 25, 2021, a period covered by Section 10-A of the IBC, which prohibits the initiation of insolvency proceedings for defaults during that time.

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## Issues and analysis

### Issue 1: Whether the petition under Section 9 of the IBC is maintainable given the applicability of Section …

**Ratio:** Section 10-A of the IBC specifically prevents the initiation of insolvency proceedings

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**Reasoning:** The court reasoned that the legislative intent behind Section 10-A is clear and

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**Interpretation:** Section 10-A is interpreted to mean that any default occurring between March

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**Application:** Since a significant portion of the debt in this case fell within the period

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## Parties

- **Judges:** Rajeev Bh…; Sanjay…
- **Appellants:** Noveltech Feeds…
- **Respondents:** Gold Chick…; Gold Chick…

## Timeline

- **2020-03-25 — Start of Section 10-A…**: Start date of the period during which defaults are protected under Section 10-A of the…
- **2021-03-25 — End of Section 10-A…**: End date of the period during which defaults are protected under Section 10-A of the IBC…

## 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)

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