# In the matter of Cheftalk Food and Hospitality Services Private Limited C.P. (IB) No. 169-BB-2020

> NCLT judgment dated 2020-09-02. Citation: TCN-2020-NCLT-00734. Smt. Lakshmi Durga Chalasani, the operational creditor, filed a petition under Section 9 of the…

- **Court:** NCLT
- **Order date:** 2 Sept 2020
- **Citation:** TCN-2020-NCLT-00734
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/cheftalk-food-and-hospitality-services-private-limited-cp-ib-no-169-bb-2020-b78c5453

## Summary

### Background

Smt. Lakshmi Durga Chalasani, the operational creditor, filed a petition under Section 9 of the IBC, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against M/s. Cheftalk Food and Hospitality Services Pvt. Ltd. The operational creditor claimed that the corporate debtor defaulted on a payment of Rs. 3,50,00,000. The corporate debtor denied the debt, claiming that the late husband of the operational creditor, Shri Hari Kumar C.G., was merely a manager and not an investor, and that he had misused his position and was actually due a sum of Rs. 1,16,80,000 to the corporate debtor.

## Facts

Smt. Lakshmi Durga Chalasani, the wife of the late Shri Hari Kumar C.G., filed a petition against M/s. Cheftalk Food and Hospitality Services Private Limited, claiming a default of Rs. 3,50,00,000. She alleged that her husband had invested this amount in the company between 2016 and 2018 and was entitled to 50% of the profits. The corporate debtor denied the debt, stating that Shri Hari Kumar was only a manager and not an investor. They claimed he was appointed as Manager of the Bangalore Branch through a Board Resolution dated 04.04.2016 and was authorized to sign documents related to Karnataka Tax on Professions, Trades, Callings and Employments Act, 1976. The corporate debtor further alleged that Shri Hari Kumar had misused his position and fraudulently transferred

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## Issues and analysis

### Issue 1: Whether the petition filed by the operational creditor is maintainable under Section 9 of the IBC, …

**Ratio:** A petition under Section 9 of the IBC, 2016, is maintainable only if there is a valid

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**Reasoning:** The court reasoned that the operational creditor failed to provide sufficient evidence to

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**Interpretation:** Section 9 of the IBC, 2016, allows an operational creditor to initiate CIRP

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**Application:** In this case, the court found that the operational creditor failed to provide

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## Parties

- **Judges:** Rajeswara Rao…; Ashutosh C…
- **Appellants:** Lakshmi Durga…
- **Respondents:** M/s.Cheftalk Food…

## Timeline

- **2016-09-01 — Incorporation of…**: M/s. Cheftalk Food and Hospitality…
- **2016-04-04 — Appointment of Mr. Hari…**: Mr. Hari Kumar was appointed as Manager of the Bangalore Branch through a Board…

## 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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