# In the matter of Cookme (Spice) Pvt. Ltd. CP (IB) No. 202-KB-2018

> NCLT judgment dated 2018-09-27. Citation: TCN-2018-NCLT-00706. The case involves an application filed by Sanjay Stores, the Operational Creditor, under…

- **Court:** NCLT
- **Order date:** 27 Sept 2018
- **Citation:** TCN-2018-NCLT-00706
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/cookme-spice-pvt-ltd-cp-ib-no-202-kb-2018-a46c5185

## Summary

### Background

The case involves an application filed by Sanjay Stores, the Operational Creditor, under Section 9 of the Insolvency & Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against Cookme (Spice) Private Limited, the Corporate Debtor. The Corporate Debtor allegedly failed to pay a debt of Rs. 61,86,420/- for goods supplied by the Operational Creditor. The Corporate Debtor appeared but did not file a reply. The hearing proceeded ex parte.

## Facts

Sanjay Stores, the Operational Creditor, filed a petition under Section 9 of the Insolvency & Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Cookme (Spice) Private Limited, the Corporate Debtor. The Corporate Debtor allegedly owed Rs. 61,86,420/- for goods supplied. A demand notice was issued on 2016-06-30 under Section 8 of the I&B Code. The Corporate Debtor appeared but did not file an affidavit-in-reply. The hearing proceeded ex parte. The Operational Creditor produced a statement of account showing the outstanding debt. The Corporate Debtor claimed a dispute but did not approach the authority to establish their defense. The Operational Creditor complied with Section 9(3)(b) and 9(3)(c) of the I&B Act.

## Issues and analysis

### Issue 1: Whether the petition filed by the Operational Creditor under Section 9 of the Insolvency & …

**Ratio:** Section 9 of the Insolvency & Bankruptcy Code, 2016 allows an operational creditor to

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**Reasoning:** The court reasoned that the Corporate Debtor failed to pay the debt of Rs. 61,86,420/- to

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**Interpretation:** Section 9 provides a mechanism for operational creditors to recover debts from

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**Application:** The court applied Section 9 to the facts, finding that the Operational Creditor

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## Parties

- **Judges:** Madan B.…
- **Appellants:** Sanjay S…
- **Respondents:** Cookme (Spice)…

## Timeline

- **2016-06-30 — Demand N…**: Operational Creditor issued a demand notice to the Corporate Debtor under Section 8 of…
- **2018-09-27 — Order Pron…**: The NCLT pronounced the order admitting the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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