# In the matter of Hamsa Dairy Private Limited

> NCLT judgment dated 2025-11-07. Citation: TCN-2025-NCLT-01618. The Small Industries Development Bank of India (SIDBI) filed a petition under Section 7 of the…

- **Court:** NCLT
- **Order date:** 7 Nov 2025
- **Citation:** TCN-2025-NCLT-01618
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-amaravati/hamsa-dairy-private-limited-5cf45885

## Summary

### Background

The Small Industries Development Bank of India (SIDBI) filed a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Hamsa Dairy Private Limited due to default in payment of outstanding dues.

## Facts

SIDBI filed a petition under Section 7 of IBC against Hamsa Dairy Private Limited for default in payment of Rs.3,11,35,532.80 as of 10.01.2023.

Hamsa Dairy Private Limited approached SIDBI for financial assistance in 2017 and was sanctioned term loans, a soft loan, and a working capital limit.

Hamsa Dairy Private Limited defaulted in paying EMIs, and its account was classified as NPA on 10.04.2023.

SIDBI issued recall notices to Hamsa Dairy Private Limited, but the Corporate Debtor failed to repay the dues.

Hamsa Dairy Private Limited argued that SIDBI suppressed the fact of filing O.A. No. 375/2024 before the DRT.

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## Issues and analysis

### Issue 1: Whether the present Petition is filed …

**Ratio:** The petition was filed within

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**Reasoning:** The date of default is stated as 10.01.2023, and the petition was e-filed on 20.01.2025

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**Interpretation:** The Adjudicating Authority considered the dates of default and filing to

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**Application:** The Adjudicating Authority applied the relevant provisions of the IBC and the

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## Parties

- **Judges:** UMESH KUMAR…; KISHORE VEMULAPALL…
- **Appellants:** Small Industries…
- **Respondents:** Hamsa Dairy…; M/s Hamsa Dairy…
- **Other parties:** RamanathanBhuvanes…
- **Advocates:** P. Anil Mu…; Uma Maheswa…

## Timeline

- **24.01.2025 — Petition…**: The Financial Creditor filed the petition…
- **07.11.2025 — Order Del…**: Order pronounced and recorded vide separate sheets. The Application bearing IA…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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