# In the matter of B P Food Products Pvt. Ltd. C.P. (I.B) No. 209-9-NCLT-AHM-2017

> NCLT judgment dated 2018-08-08. Citation: TCN-2018-NCLT-00980. The case involves an application filed by Mansarovar Agro Sacks Private Limited, an operational…

- **Court:** NCLT
- **Order date:** 8 Aug 2018
- **Citation:** TCN-2018-NCLT-00980
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/b-p-food-products-pvt-ltd-cp-ib-no-209-9-nclt-ahm-2017-1442a1df

## Summary

### Background

The case involves an application filed by Mansarovar Agro Sacks Private Limited, an operational creditor, seeking to initiate corporate insolvency resolution process (CIRP) against B.P. Food Products Private Limited, the corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The applicant claimed that the corporate debtor had defaulted on payments for the supply of packing materials. The applicant had supplied packing materials to the respondent company at its factories located at Gotegaon, Jabalpur, Pithampur, Sanchi and Malanpur from 06.01.2017 to 23.06.2017 and had raised various invoices totalling to Rs. 2,97,19,459/-. The corporate debtor accepted its obligation to pay Rs. 2,91,83,732/- vide letter dated 28.07.2017, but the debt remained

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## Facts

Mansarovar Agro Sacks Private Limited (the applicant) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate corporate insolvency resolution process against B.P. Food Products Private Limited (the respondent), the corporate debtor. The applicant claimed that the respondent had defaulted on payments for the supply of packing materials. From 06.01.2017 to 23.06.2017, the applicant supplied packing materials to the respondent's factories located at Gotegaon, Jabalpur, Pithampur, Sanchi, and Malanpur, raising invoices totaling Rs. 2,97,19,459/-. The respondent, vide letter dated 28.07.2017, accepted its obligation to pay Rs. 2,91,83,732/-, but the debt remained unpaid. The applicant issued a demand notice dated 09.10.2017,

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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 Adjudicating Authority observed that the application filed by the applicant was

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**Interpretation:** Section 9 of the IBC provides the framework for operational creditors to

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**Application:** The Adjudicating Authority found that the application was complete, as the

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## Parties

- **Judges:** Manorama…
- **Appellants:** Mansarovar Agro…
- **Respondents:** B P Food Products…

## Timeline

- **2017-01-06 — Supply of Packing…**: Applicant started supplying packing…
- **2017-06-23 — Supply of Packing…**: Applicant completed the supply of packing…

## 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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