# In the matter of Abhi Agro Industries Pvt. Ltd. CP No. (IB) 14-ALD-2017

> NCLT judgment dated 2017-06-01. Citation: TCN-2017-NCLT-00829. The present company (I & B) petition are fixed today for pronounced of the order in respect of…

- **Court:** NCLT
- **Order date:** 1 Jun 2017
- **Citation:** TCN-2017-NCLT-00829
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/abhi-agro-industries-pvt-ltd-cp-no-ib-14-ald-2017-a352d9e9

## Summary

### Background

The present company (I & B) petition are fixed today for pronounced of the order in respect of C.P. Nos. 13, 14, 15, 16 and 17 of 2017 as these petitions are based on same / similar nature of facts hence are being disposed of though a common order. The applications are found complete in terms of Section 9(5)(2) of the Insolvency and Bankruptcy Code. There is no repayment of unpaid operational debt despite the invoices for payment were raised by the operational creditors and goods have been delivered to the corporate debtor in terms of its purchase and supply order. The corporate debtor company is in default of making payments of the debts.

## Facts

Multiple Company Petitions (C.P. Nos. 13, 14, 15, 16, and 17 of 2017) were filed against Abhi Agro Industries Pvt Ltd. The petitions were based on similar facts and were disposed of through a common order. The operational creditors claimed non-payment of unpaid operational debt despite raising invoices and delivering goods to the corporate debtor. The corporate debtor defaulted on payments. The court found that the corporate debtor's statutory returns and records confirmed the purchase and receipt of goods from the operational creditors. A memorandum of understanding (MOU) was purportedly entered between the corporate debtor company and Mr. Dinesh Arora, but the court found no privity of contract between the operational creditors and Mr. Arora. The corporate debtor

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## Issues and analysis

### Issue 1: Whether the applications are complete in terms of Section 9(5)(2) of the Insolvency and Bankruptcy …

**Ratio:** Section 9(5)(2) of the Insolvency and Bankruptcy Code outlines the requirements for an

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**Reasoning:** The court observed that the applications were complete in terms of Section 9(5)(2) of the

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**Interpretation:** Section 9(5)(2) requires the court to assess the completeness of the

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**Application:** The court applied Section 9(5)(2) to the facts of the case and found that the

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## Parties

- **Judges:** Harihar Prakash…
- **Respondents:** Abhi Agro…

## Timeline

- **2017-06-01 — Hearing of Allahabad…**: Attendence-cum-order sheet of the hearing of Allahabad Bench of the National Company Law…
- **2016-05-19 — MOU Sign…**: Unpaid debts / liability towards sundry creditors were duly entered and admitted in the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 62 — Appeal to Supreme Court](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-62)

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