# In the matter of Adityasamaraj Natural Foods Private Limited IB-469-(ND)-2020

> NCLT judgment dated 2021-10-13. Citation: TCN-2021-NCLT-00746. The Operational Creditor, M/s Fontal Flexipack Ltd., filed an application under Section 9 of…

- **Court:** NCLT
- **Order date:** 13 Oct 2021
- **Citation:** TCN-2021-NCLT-00746
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/adityasamaraj-natural-foods-private-limited-ib-469-nd-2020-8451ff51

## Summary

### Background

The Operational Creditor, M/s Fontal Flexipack Ltd., filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor, M/s Adityasamraj Natural Foods Private Limited, for an alleged default of Rs. 4,17,878/-. The Operational Creditor claimed that the Corporate Debtor failed to clear the outstanding debt for goods supplied. The Operational Creditor submitted details of transactions, including the supply of plastic and printed film for packaging, part payments made by the Corporate Debtor, and repeated requests and reminders sent to the Corporate Debtor for the outstanding amount.

## Facts

M/s Fontal Flexipack Ltd. (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate CIRP against M/s Adityasamraj Natural Foods Private Limited (Corporate Debtor). The Operational Creditor claimed that the Corporate Debtor defaulted on a payment of Rs. 4,17,878/- for goods supplied. The Operational Creditor supplied plastic and printed film for packaging to the Corporate Debtor from time to time. The Corporate Debtor made part payments from April 2016 to July 2019. The Operational Creditor sent repeated requests and reminders to the Corporate Debtor for the outstanding amount. A statutory demand notice under Section 8 of IBC, 2016, dated 24.10.2019, was issued. The demand notice was refused at the Corporate

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor fulfills the conditions required under …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, outlines the requirements for an

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**Reasoning:** The Tribunal observed that the Operational Creditor had fulfilled all the conditions

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**Interpretation:** Section 9 of the IBC is interpreted to mean that if an operational creditor can

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**Application:** In this case, the Operational Creditor provided invoices, reminder letters, and

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## Parties

- **Judges:** SH. P.S.N.…; BINOD KUMAR…
- **Appellants:** M/s FONTAL…
- **Respondents:** M/s ADITYASAMRAJ…
- **Advocates:** Ranjit K…

## Timeline

- **2016-04-01 — Orders P…**: Corporate Debtor placed orders…
- **2019-05-01 — Orders P…**: Corporate Debtor placed orders…

## 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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