# in the matter of Camson Seeds Ltd. C.P.(IB)No. 89-BB-2020

> NCLT judgment dated 2020-03-03. Citation: TCN-2020-NCLT-01700. The case pertains to C.P.(IB)No.89/BB/2020 filed by T. Jagadeesh, an Operational Creditor,…

- **Court:** NCLT
- **Order date:** 3 Mar 2020
- **Citation:** TCN-2020-NCLT-01700
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/camson-seeds-ltd-cpibno-89-bb-2020-1093627b

## Summary

### Background

The case pertains to C.P.(IB)No.89/BB/2020 filed by T. Jagadeesh, an Operational Creditor, under Section 9 of the IBC, 2016, read with Rule 6 of the I&B (AAA) Rules, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against Camson Seeds Ltd., the Corporate Debtor. The Corporate Debtor allegedly defaulted on a payment of Rs. 17,16,038/-. The Registry raised certain office objections on 24.01.2020, which were communicated to the Counsel via email on 24.01.2020 and 13.02.2020. However, these objections were not complied with within the stipulated time.

## Facts

T. Jagadeesh, an Operational Creditor, filed C.P.(IB)No.89/BB/2020 against Camson Seeds Ltd., the Corporate Debtor, under Section 9 of the IBC, 2016, seeking to initiate CIRP. The alleged default amount is Rs. 17,16,038/-. The Registry raised office objections on 24.01.2020, which were communicated to the Petitioner's Counsel via email on 24.01.2020 and 13.02.2020. The Petitioner failed to comply with these objections within the given timeframe. The case was listed on 27.02.2020 for non-compliance, and neither the Petitioner nor their Counsel appeared. The case was then listed for dismissal on 03.03.2020, and again, neither the Petitioner nor their Counsel appeared. This lack of diligence led to the dismissal of the petition.

## Issues and analysis

### Issue 1: Whether the Corporate Insolvency Resolution Process (CIRP) should be initiated against Camson Seeds …

**Ratio:** The initiation of CIRP under Section 9 of the IBC requires the Operational Creditor to

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**Reasoning:** The Tribunal did not proceed to determine if a valid debt and default existed because the

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**Interpretation:** Section 9 of the IBC outlines the procedure for initiating CIRP by an

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**Application:** In this case, the petitioner's failure to comply with office objections and

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## Parties

- **Judges:** Rajeswara Rao…; Ashutosh C…
- **Appellants:** T. Jaga…
- **Respondents:** Camson See…

## Timeline

- **2020-01-07 — Company Petiti…**: The Company Petition was…
- **2020-01-24 — Office Objectio…**: The Registry raised certain office objections…

## 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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