# Avanti Finance Private Limited vs. Our Food Private Limited

> NCLT judgment dated 2026-10-09. Citation: TCN-2026-NCLT-01184. Avanti Finance Private Limited (Financial Creditor) filed a petition under Section 7 of the…

- **Court:** NCLT
- **Order date:** 9 Oct 2026
- **Citation:** TCN-2026-NCLT-01184
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-amaravati/our-food-private-limited-xvs04

## Summary

### Background

Avanti Finance Private Limited (Financial Creditor) filed a petition under Section 7 of the IBC, 2016, against Our Food Private Limited (Corporate Debtor) for initiating the Corporate Insolvency Resolution Process (CIRP). The Financial Creditor claimed a default of Rs. 8,42,87,387/- arising from a loan facility. The Corporate Debtor contested the petition, primarily arguing that it was barred by limitation and that the alleged acknowledgments of debt pertained to other transactions or were made in a personal capacity, not on behalf of the Corporate Debtor. The Corporate Debtor also claimed to be a going concern and disputed the existence of a creditor-debtor relationship, asserting a partnership.

## Facts

Avanti Finance Private Limited (Financial Creditor) filed a petition under Section 7 of the IBC, 2016, against Our Food Private Limited (Corporate Debtor).

The petition seeks initiation of Corporate Insolvency Resolution Process (CIRP) for a default of Rs. 8,42,87,387/-.

Our Food Private Limited was incorporated on 09.06.2014 with its registered office in Visakhapatnam, Andhra Pradesh.

Avanti Finance Private Limited is a non-banking financial company (NBFC) incorporated under the Companies Act, 2013.

Our Food Private Limited is engaged in the business of setting up micro processing units.

The Financial Creditor advanced a loan facility of Rs. 7,00,00,000/- to the Corporate Debtor via a Loan Agreement dated 31.05.2021.

…

## Issues and analysis

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

**Ratio:** The limitation period for a Section 7 IBC application commences from the date of default

…

**Reasoning:** The NCLT found that the last repayment made by the Corporate Debtor was on 27.07.2022.

…

**Interpretation:** Section 18 of the Limitation Act, 1963, allows for a fresh period of limitation

…

**Application:** By applying Section 18 of the Limitation Act, 1963, and considering the part

…

## Parties

- **Judges:** KISHORE VEMULAPALL…; UMESH KUMAR…
- **Appellants:** M/s. Avanti…
- **Respondents:** Our Food Private…; M/s. Our Food Pvt…
- **Other parties:** Bala Reddy…; Avanti Finance…; +1 more
- **Advocates:** Vikramadity…; Yashika…; +4 more

## Timeline

- **2020-09-25 — Partner Engagement…**: Partner Engagement Agreement executed between the parties, which the Corporate Debtor…
- **2021-05-31 — Loan Agreement and…**: Financial Creditor (Avanti Finance Private Limited) advanced a loan facility of Rs.…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-amaravati/our-food-private-limited-xvs04