# In the matter of AL-Tabarak Frozen Foods Private limited IB-1009-(ND)-2020

> NCLT judgment dated 2021-09-17. Citation: TCN-2021-NCLT-01091. The case involves an application filed by M/s Supreme Packaging Industries, an operational…

- **Court:** NCLT
- **Order date:** 17 Sept 2021
- **Citation:** TCN-2021-NCLT-01091
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/al-tabarak-frozen-foods-private-limited-ib-1009-nd-2020-2ce31d65

## Summary

### Background

The case involves an application filed by M/s Supreme Packaging Industries, an operational creditor, against M/s Al. Tabarak Frozen Foods Private Limited, the corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate the Corporate Insolvency Resolution Process (CIRP). The application is based on the alleged default by the corporate debtor in clearing a debt of Rs. 20,71,472.14/- towards services provided by the operational creditor. The applicant claims that the corporate debtor approached them for purchasing plastic packaging materials in May 2018, and after examining the quality of goods, raised a purchase order. It was agreed that any delay in payments after the grace period would attract a penal interest of 18% per annum.

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## Facts

M/s Supreme Packaging Industries, a partnership firm and the operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against M/s Al. Tabarak Frozen Foods Private Limited, the corporate debtor. The application seeks to initiate the Corporate Insolvency Resolution Process (CIRP) due to an alleged default in payment of Rs. 20,71,472.14/-. In May 2018, the corporate debtor approached the operational creditor for purchasing plastic packaging materials. After examining the quality of goods, the corporate debtor raised a purchase order. It was agreed that any delay in payments after the grace period would attract a penal interest of 18% per annum. The operational creditor supplied and delivered the agreed material to the

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## Issues and analysis

### Issue 1: Whether the application filed by the operational creditor, M/s Supreme Packaging Industries, under …

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

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**Reasoning:** The tribunal considered the documents filed by the applicant, including the invoices,

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**Interpretation:** Section 9 provides a mechanism for operational creditors to recover their dues

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**Application:** In this case, the applicant provided sufficient evidence to demonstrate the

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## Parties

- **Judges:** SHRI. P.S.N.…; SHRI. K.K.…
- **Appellants:** M/s Supreme…
- **Respondents:** M/s Al. Tabarak…
- **Advocates:** Namrata…

## Timeline

- **2018-05-01 — Corporate Debtor…**: The Corporate Debtor approached the Operational Creditor for purchasing plastic packaging…
- **2020-02-13 — Statutory Demand Notice…**: A statutory demand notice under section 8 of…

## 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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