Sanjay Stores, an operational creditor, filed an application under Section 9 of the Insolvency & Bankruptcy Code, 2016, against M/s. Cookme(Spice) Pvt. Ltd., the corporate debtor, alleging default in payment of Rs. 61,86,420/- for delivered spices. The Corporate Debtor raised objections regarding the maintainability of the application, arguing that a proprietary concern cannot be sued in its own name and that there was a pre-existing dispute regarding the invoices. The application was initially considered by Bench-II, which passed an ex parte order of admission, but this order was later set aside. The case was then reconsidered by the current bench.
Sanjay Stores, an operational creditor, filed an application against M/s. Cookme(Spice) Pvt. Ltd., a corporate debtor, under Section 9 of the Insolvency & Bankruptcy Code, 2016. The application claimed a default of Rs. 61,86,420/- for spices delivered by Sanjay Stores to Cookme(Spice). Cookme(Spice) made some payments via cheques. The Operational Creditor issued a demand notice under Section 8(1) of the Code, which the Corporate Debtor received and contested. The Corporate Debtor argued that the application was not maintainable because Sanjay Stores is a proprietary concern and there was a pre-existing dispute regarding the invoices. A criminal proceeding regarding fabrication of invoices was initiated against the Operational Creditor. The demand notice was issued
…Sign in to view the parties.
The Operational…
The Corporate Debtor replied to the demand…
Sanjay Stores, an operational creditor, filed an application under Section 9 of the Insolvency & Bankruptcy Code, 2016, against M/s. Cookme(Spice) Pvt. Ltd., the corporate debtor, alleging default in payment of Rs. 61,86,420/- for delivered spices. The Corporate Debtor raised objections regarding the maintainability of the application, arguing that a proprietary concern cannot be sued in its own name and that there was a pre-existing dispute regarding the invoices. The application was initially considered by Bench-II, which passed an ex parte order of admission, but this order was later set aside. The case was then reconsidered by the current bench.
Sanjay Stores, an operational creditor, filed an application against M/s. Cookme(Spice) Pvt. Ltd., a corporate debtor, under Section 9 of the Insolvency & Bankruptcy Code, 2016. The application claimed a default of Rs. 61,86,420/- for spices delivered by Sanjay Stores to Cookme(Spice). Cookme(Spice) made some payments via cheques. The Operational Creditor issued a demand notice under Section 8(1) of the Code, which the Corporate Debtor received and contested. The Corporate Debtor argued that the application was not maintainable because Sanjay Stores is a proprietary concern and there was a pre-existing dispute regarding the invoices. A criminal proceeding regarding fabrication of invoices was initiated against the Operational Creditor. The demand notice was issued
…The Operational…
The Corporate Debtor replied to the demand…