# In the matter of Rajesh Arora vs. M Y Agro Pvt. Ltd. Company Appeal (AT) (Insolvency No. 182 of 2017

> NCLAT judgment dated 2017-11-06. Citation: TCN-2017-NCLAT-00079. The appeal was filed by Mr. Rajesh Arora, Director of Amira Pure Foods Private Limited…

- **Court:** NCLAT
- **Order date:** 6 Nov 2017
- **Citation:** TCN-2017-NCLAT-00079
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/rajesh-arora-vs-m-y-agro-pvt-ltd-company-appeal-83fd8eea

## Summary

### Background

The appeal was filed by Mr. Rajesh Arora, Director of Amira Pure Foods Private Limited (Corporate Debtor), against the order dated August 24, 2017, passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi Bench. The Adjudicating Authority had admitted the application preferred by the respondent (Operational Creditor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, passed a moratorium order, appointed an Insolvency Resolution Professional, and passed orders in terms of the I&B Code.

## Facts

Mr. Rajesh Arora, Director of Amira Pure Foods Private Limited (Corporate Debtor), filed an appeal against the order dated August 24, 2017, passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi Bench. The Adjudicating Authority had admitted an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, filed by M Y Agro Pvt. Ltd. (Operational Creditor). The Operational Creditor had issued a demand notice under Section 8 of the I&B Code to the Corporate Debtor on June 5, 2017. The Corporate Debtor replied on June 28, 2017, disputing the claim. The Operational Creditor then filed an application under Section 9 on July 11, 2017, which was admitted by the Adjudicating Authority. The Corporate Debtor argued that the demand notice

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## Issues and analysis

### Issue 1: Whether the notice under sub-section (1) …

**Ratio:** A notice under Section 8(1) must be complete and provide all necessary information and

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**Reasoning:** The court found that the Corporate Debtor had specifically pleaded that the notice under

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**Interpretation:** Section 8(1) requires the operational creditor to deliver a demand notice or

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**Application:** The court applied the ratio to the facts by noting that the demand notice

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Rajesh…
- **Respondents:** Amira Pure Foods…; M Y Agro Pv…
- **Advocates:** Harish Ma…; Simran Jyot…; +3 more

## Timeline

- **2017-06-05 — Demand Notice…**: The respondent (Operational Creditor) issued a demand notice under sub-section (1) of…
- **2017-06-28 — Corporate Debto…**: The Corporate Debtor replied to the demand notice through an advocate and disputed the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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