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

> NCLT judgment dated 2019-11-25. Citation: TCN-2019-NCLT-00471. Sanjay Stores, an operational creditor, filed an application under Section 9 of the Insolvency…

- **Court:** NCLT
- **Order date:** 25 Nov 2019
- **Citation:** TCN-2019-NCLT-00471
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/cookme-spice-pvt-ltd-cpib-no-202-kb-2018-fb6e27f7

## Summary

### Background

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 allegedly 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 replied to with contentions. The operational creditor omitted the date of issuance of the demand notice in the initial notice but intimated it separately. The application was initially considered by Bench-II, which declared the corporate debtor ex parte and passed an order of admission. This ex parte order was later set aside. The

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## Facts

Sanjay Stores, an operational creditor, claimed that M/s. Cookme(Spice) Pvt. Ltd., the corporate debtor, defaulted on a payment of Rs. 61,86,420/- for spices delivered. Sanjay Stores filed an application under Section 9 of the Insolvency & Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP). The corporate debtor allegedly made some payments via cheques. The operational creditor issued a demand notice, which the corporate debtor received and replied to with contentions. The corporate debtor argued that there was a pre-existing dispute regarding the invoices and that a criminal proceeding had been initiated against the operational creditor for fabrication of invoices. The application was filed by a proprietary concern, Sanjay Stores,

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## Issues and analysis

### Issue 1: Whether the application filed by Sanjay Stores, a proprietary concern, is maintainable under …

**Ratio:** A proprietary concern has no legal existence and cannot sue or be sued in its own name.

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**Reasoning:** The court relied on the argument presented by the corporate debtor's counsel and referred

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**Interpretation:** Section 3(23) of the Insolvency & Bankruptcy Code defines 'person'. The

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**Application:** In this case, the application was filed by Sanjay Stores, a proprietary

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## Parties

- **Judges:** Jinan…; Harish Chander…
- **Appellants:** Sanjay S…
- **Respondents:** M/s. Cookme(Spice)…
- **Advocates:** Sayantan…; Madhurim…; +2 more

## Timeline

- **2017-04-05 — Demand Notice…**: The operational creditor issued a…
- **2017-07-07 — Corporate Debto…**: The corporate debtor…

## 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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