# In the matter of Alipurduar Enterprises Limited C.P. (IB) No. 610-KB-2017

> NCLT judgment dated 2018-02-07. Citation: TCN-2018-NCLT-01867. The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 7 Feb 2018
- **Citation:** TCN-2018-NCLT-01867
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/alipurduar-enterprises-limited-cp-ib-no-610-kb-2017-a2ec4e7b

## Summary

### Background

The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Kayance Cereals Private Limited, an operational creditor, against Alipurduar Enterprises Limited, the corporate debtor. The operational creditor initiated the corporate insolvency resolution process (CIRP) due to the corporate debtor's failure to make payments against outstanding dues. The application was initially filed as a winding-up petition before the Hon'ble High Court, Calcutta, but was later transferred to the National Company Law Tribunal (NCLT), Kolkata Bench, following a government notification.

## Facts

Kayance Cereals Private Limited, the operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Alipurduar Enterprises Limited, the corporate debtor, due to unpaid operational debt. The corporate debtor defaulted on payments amounting to Rs. 4,81,540 as principal as of 2013-09-17 and Rs. 3,50,801.89 as interest as of 2017-09-12, totaling Rs. 8,32,341.89. The operational creditor issued a demand notice via email on 2017-10-03. The operational creditor had previously filed a winding-up petition against the corporate debtor in the Calcutta High Court, which was later transferred to the NCLT. The corporate debtor failed to appear or file any objections despite receiving notice. The applicant annexed a copy of the

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## Issues and analysis

### Issue 1: Whether the application filed by the operational creditor under Section 9 of the Insolvency and …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, read with Rule 6 of the Insolvency

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**Reasoning:** The court observed that the application filed by the operational creditor was complete

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**Interpretation:** The interpretation of Section 9 involves ensuring that the operational creditor

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**Application:** In this case, the court found that the operational creditor had met all the

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## Parties

- **Judges:** Jinan…
- **Appellants:** Kayance Cereals…
- **Respondents:** Alipurduar…

## Timeline

- **2013-09-17 — Principal Amo…**: Principal amount of Rs.…
- **2017-09-12 — Interest Amo…**: Interest amount of Rs.…

## 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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