# In the matter of Brahma Foods Pvt. Ltd. (IB) 663 (ND) 2018

> NCLT judgment dated 2018-09-18. Citation: TCN-2018-NCLT-00740. The case involves an application by Jayesh Tradex Pvt. Ltd., an Operational Creditor, to…

- **Court:** NCLT
- **Order date:** 18 Sept 2018
- **Citation:** TCN-2018-NCLT-00740
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/brahma-foods-pvt-ltd-ib-663-nd-2018-49f13637

## Summary

### Background

The case involves an application by Jayesh Tradex Pvt. Ltd., an Operational Creditor, to initiate Corporate Insolvency Resolution Process (CIRP) against Brahma Foods Pvt. Ltd., the Corporate Debtor, under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016. The Operational Creditor claimed that the Corporate Debtor failed to pay an outstanding debt of Rs. 4,60,608/- for laminated packaging material supplied. The Corporate Debtor was also required to return cylinders used in the lamination process or pay for them, but allegedly failed to do so. The Operational Creditor issued a notice under Section 8 of the Code, which was not replied to.

## Facts

Jayesh Tradex Pvt. Ltd. (Operational Creditor) filed a petition under Section 9 of the IBC, 2016, to initiate CIRP against Brahma Foods Pvt. Ltd. (Corporate Debtor). The Operational Creditor supplied laminated packaging material to the Corporate Debtor. The Corporate Debtor allegedly owed Rs. 4,60,608/- to the Operational Creditor, comprising Rs. 2,00,787/- as an outstanding balance and Rs. 2,59,821/- for unreturned cylinders used in the lamination process. The Operational Creditor issued a notice under Section 8 of the IBC, which was not replied to by the Corporate Debtor. The Corporate Debtor failed to liquidate the outstanding liability despite repeated requests and reminders. The respondent was served but did not appear before the Adjudicating Authority, leading to

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## Issues and analysis

### Issue 1: Whether the petition for initiating Corporate Insolvency Resolution Process (CIRP) against the …

**Ratio:** The petition can be admitted if the operational debt exists, the Corporate Debtor has

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**Reasoning:** The Adjudicating Authority noted that the Operational Creditor's submissions remained

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**Interpretation:** Section 9 of the IBC allows an operational creditor to initiate CIRP if a

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**Application:** In this case, the Operational Creditor's claim was unrebutted, the Corporate

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## Parties

- **Judges:** Ina Mal…; DeepaKr…
- **Appellants:** M/s Jayesh Tradex…
- **Respondents:** M/s Brahma Foods…

## Timeline

- **2018-04-06 — Notice under Section 8…**: The Applicant/Operational Creditor issued a notice under Section 8 of the Code to the…
- **2018-09-18 — Order Del…**: Order delivered on 18.09.2018 admitting…

## 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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