# In the matter of Esha Foods Private Limited (IB)-1412(ND)2019

> NCLT judgment dated 2019-09-19. Citation: TCN-2019-NCLT-01375. M/s Ambe Agrofoods Private Limited, an operational creditor, filed a petition under Section 9…

- **Court:** NCLT
- **Order date:** 19 Sept 2019
- **Citation:** TCN-2019-NCLT-01375
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/esha-foods-private-limited-ib-1412nd2019-cefb59a4

## Summary

### Background

M/s Ambe Agrofoods Private Limited, an operational creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) against M/s Eshal Foods Private Limited, the corporate debtor, to initiate the Corporate Insolvency Resolution Process (CIRP). The operational creditor claimed that the corporate debtor defaulted on payments for supplied Chakki Wheat Flour. The petition was supported by a Board Resolution authorizing Mr. Amit Raniwala as the representative of the operational creditor. The operational creditor claimed a total amount of Rs. 20,04,734.50, including interest at 12% per annum, based on unpaid invoices.

## Facts

M/s Ambe Agrofoods Private Limited (Operational Creditor) filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) against M/s Eshal Foods Private Limited (Corporate Debtor) to initiate the Corporate Insolvency Resolution Process (CIRP). The Operational Creditor claimed that they supplied Chakki Wheat Flour to the Corporate Debtor from 2018-11-14 to 2019-02-06. The total amount claimed under the invoices was Rs. 20,04,734.50, including interest at 12% per annum. The last payment received by the Operational Creditor was Rs. 2,15,000 on 2019-02-05. The Operational Creditor sent a demand notice dated 2019-03-26 under Section 8 of IBC 2016 on 2019-03-27. The demand notice could not be served through registered post and courier, but it was served

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## Issues and analysis

### Issue 1: Whether the petition filed by the operational creditor is complete and establishes a default in …

**Ratio:** Section 9(5) of the IBC states that the Adjudicating Authority may admit the application

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**Reasoning:** The court found that the petition was complete and that the operational creditor had

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**Interpretation:** The completeness of the application and the establishment of default are

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**Application:** In this case, the operational creditor provided sufficient evidence in the form

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## Parties

- **Judges:** Ina Mal…; Shri. L. N.…
- **Appellants:** M/s Ambe Agrofoods…
- **Respondents:** M/s Eshal Foods…

## Timeline

- **2018-11-14 — Supply of Chakki Wheat…**: Operational Creditor started supplying…
- **2019-02-06 — Supply of Chakki Wheat…**: Operational Creditor stopped supplying…

## 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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