# Fettech Commercial Enterprises Pvt Ltd vs. Mercury Trade Links Ltd

> NCLT judgment dated 2026-09-01. Citation: TCN-2026-NCLT-00904. Fettech Commercial Enterprises Pvt Ltd (Operational Creditor) filed a petition under Section 9…

- **Court:** NCLT
- **Order date:** 1 Sept 2026
- **Citation:** TCN-2026-NCLT-00904
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-ahmedabad/fettech-commercial-enterprises-pvt-ltd-vs-mercury-trade-links-ltd-72tkx

## Summary

### Background

Fettech Commercial Enterprises Pvt Ltd (Operational Creditor) filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Mercury Trade Links Ltd (Corporate Debtor) for an outstanding operational debt of Rs.2,70,00,000/-. The debt arose from the supply of agricultural products between April 1, 2024, and December 31, 2024. The last invoice was raised on December 31, 2024, and the debt became due on March 31, 2025, after a 90-day credit period. A demand notice was issued on November 15, 2025, and delivered on November 18, 2025. The Corporate Debtor disputed the amount, citing pre-existing issues of delayed supply and inferior quality, and questioned the applicant's authority to file the petition.

## Facts

Fettech Commercial Enterprises Pvt Ltd (Operational Creditor) filed a petition under Section 9 of the IBC, 2016.

The petition seeks initiation of Corporate Insolvency Resolution Process (CIRP) against Mercury Trade Links Limited (Corporate Debtor).

The outstanding amount claimed is Rs.2,70,00,000/-.

Both the Operational Creditor and Corporate Debtor are companies engaged in the business of agriculture-related products.

Agricultural products were supplied by the Operational Creditor to the Corporate Debtor during the period from April 1, 2024, to December 31, 2024.

Total supplies amounted to Rs.4,41,50,034.05/-.

The Corporate Debtor paid Rs.1,71,50,034.05/-, leaving Rs.2,70,00,000/- unpaid.

The last invoice was raised on December 31, 2024.

…

## Issues and analysis

### Issue 1: Whether Fettech Commercial Enterprises Private Limited, as an Operational Creditor, is entitled to …

**Ratio:** An Operational Creditor can initiate Corporate Insolvency Resolution Process (CIRP) under

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**Reasoning:** The NCLT found that Fettech Commercial Enterprises Pvt Ltd supplied agricultural products

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**Interpretation:** Section 9 of the IBC empowers an operational creditor to file an application

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**Application:** Given the undisputed supply of goods, the outstanding payment, the valid demand

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## Parties

- **Judges:** Chitra Ha…; Velamur G Venkata…
- **Appellants:** Fettech Commercial…; Fettech Commercial…
- **Respondents:** Mercury Trade…; Mercury Trade…
- **Other parties:** Dipti Narayan…; Manish Kumar…
- **Advocates:** Arjun Pad…; Harmish…

## Timeline

- **2024-04-01 — Start of Suppl…**: Beginning of the period during which agricultural products were supplied by the…
- **2024-12-31 — End of Supply Period &…**: The period of supply of agricultural products concluded, and the last invoice was raised…

## 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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