# In the matter of Amira Pure Foods Pvt. Ltd. (IB)-846(ND)-2018

> NCLT judgment dated 2018-12-11. Citation: TCN-2018-NCLT-00122. The Operational Creditor filed a petition to initiate Corporate Insolvency Resolution Process…

- **Court:** NCLT
- **Order date:** 11 Dec 2018
- **Citation:** TCN-2018-NCLT-00122
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/amira-pure-foods-pvt-ltd-ib-846nd-2018-89f7b45e

## Summary

### Background

The Operational Creditor filed a petition to initiate Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor due to its inability to liquidate debts. The Operational Creditor, engaged in the wholesale supply of grains and vegetables, had a business relationship with the Corporate Debtor for several years.

## Facts

The Operational Creditor (Mr. Baru Mal Vinod Kumar) filed a petition against the Corporate Debtor (M/s. Amira Pure Foods Pvt. Ltd.) under Section 9 of the IBC, 2016, seeking initiation of CIRP due to the Corporate Debtor's inability to pay its debts. The Operational Creditor supplied grains and vegetables to the Corporate Debtor. The Corporate Debtor had made some payments, including interest on delayed payments. However, two cheques issued by the Corporate Debtor for Rs. 3,81,315/- and Rs. 3,84,015/- were dishonored. The Corporate Debtor failed to take steps to reduce the outstanding liability despite repeated requests. The Operational Creditor issued a notice under Section 8 of the IBC. The claim of the Operational Creditor increased to Rs. 12,96,214/- due to

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## Issues and analysis

### Issue 1: Whether the petition filed by the Operational Creditor for initiation of Corporate Insolvency …

**Ratio:** The categorical admission by the Corporate Debtor of its inability to liquidate the

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**Reasoning:** The court considered the Corporate Debtor's admission of its inability to pay,

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**Interpretation:** The admission of debt and inability to pay by the Corporate Debtor satisfies

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**Application:** The Corporate Debtor's explicit admission of the debt and inability to

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## Parties

- **Judges:** Ina Mal…; DeepaKr…
- **Appellants:** Baru Mal Vinod…
- **Respondents:** M/s. Amira Pure…

## Timeline

- **2018-11-06 — Board Reso…**: Board of Directors convened a meeting and resolved that the default in payment of the…
- **2018-12-11 — Order Del…**: Order delivered by the NCLT…

## 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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