# In the matter of Ajudhia Distributors Private Ltd. C.P. No. 181-KB-2017

> NCLT judgment dated 2017-05-01. Citation: TCN-2017-NCLT-00873. The case involves a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016,…

- **Court:** NCLT
- **Order date:** 1 May 2017
- **Citation:** TCN-2017-NCLT-00873
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ajudhia-distributors-private-ltd-cp-no-181-kb-2017-05586c8c

## Summary

### Background

The case involves a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Radico Khaitan Limited (Operational Creditor) against Ajudhia Distributors Private Ltd. (Corporate Debtor) for a default in payment of Rs.47,69,039/-. The Operational Creditor claimed that the Corporate Debtor failed to pay for goods supplied through Passion Beverages, the agent of the Operational Creditor. The goods were supplied to the Company's office at 131, Tagore Road, Ushagram, Asansol, Pin Code - 713303, West Bengal. The debt was due since August 20, 2015. The Operational Creditor presented eight cheques issued by the Corporate Debtor, which were dishonored due to 'Fund Insufficient'. The Corporate Debtor admitted to the amount due.

## Facts

Radico Khaitan Limited, the Operational Creditor, filed a petition against Ajudhia Distributors Private Ltd., the Corporate Debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The claim was for Rs. 47,69,039/- due to unpaid invoices for goods supplied through Passion Beverages, acting as the agent of the Operational Creditor. The goods, consisting of alcoholic beverages, were delivered to the Corporate Debtor's office in Asansol, West Bengal. The debt had been outstanding since August 20, 2015. The Operational Creditor presented eight cheques issued by the Corporate Debtor, which were dishonored with the remark 'Fund Insufficient'. The Corporate Debtor's admission of the debt was evident from these dishonored cheques. The Operational Creditor also

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## Issues and analysis

### Issue 1: Whether the Operational Creditor has established a valid debt and default on the part of the …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, allows an operational creditor to

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**Reasoning:** The court reasoned that the Operational Creditor had provided sufficient evidence to

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**Interpretation:** The interpretation of Section 9 involves determining whether the operational

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**Application:** In this case, the court applied the provisions of Section 9 to the facts

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## Parties

- **Judges:** Vijai Prata…; S. VIJAYARA…
- **Appellants:** Radico Khaitan…
- **Respondents:** Ajudhia Distributo…
- **Advocates:** Aritra…; Arnab D…; +2 more

## Timeline

- **2015-08-20 — Debt Due…**: The debt of Rs.47,69,039/-…
- **2016-11-02 — Board Reso…**: Copy of the Board Resolution dated…

## 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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