# In the matter of Food Island Private Ltd. C.P. No. (IB) 170-9-NCLT-AHM-2020

> NCLT judgment dated 2021-01-29. Citation: TCN-2021-NCLT-03193. The case involves an application filed by Rasendra Chemexport Private Limited, an operational…

- **Court:** NCLT
- **Order date:** 29 Jan 2021
- **Citation:** TCN-2021-NCLT-03193
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/food-island-private-ltd-cp-no-ib-170-9-nclt-ahm-2020-0359a968

## Summary

### Background

The case involves an application filed by Rasendra Chemexport Private Limited, an operational creditor, against Food Island Private Ltd, the corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The operational creditor claimed that the corporate debtor was indebted to them for a sum of Rs. 2,10,793/- towards the supply of various chemicals. Despite repeated promises, the corporate debtor failed to clear the dues, leading to the filing of the petition.

## Facts

Rasendra Chemexport Private Limited, the operational creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Food Island Private Ltd, the corporate debtor. The operational creditor claimed that the corporate debtor owed them Rs. 2,10,793/- for the supply of chemicals. The last payment received from the corporate debtor was on 25.10.2018, and the operational debt fell due on the same date. Despite assurances, the corporate debtor failed to clear the dues, prompting the operational creditor to issue a notice on 11.01.2020, which went unanswered. The corporate debtor is a private limited company registered under the Companies Act, 1956, with a registered office in Rajkot, Gujarat. The operational creditor submitted documents such as

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## Issues and analysis

### Issue 1: Whether the application filed by the operational creditor is complete in all respects and in …

**Ratio:** The Adjudicating Authority must be satisfied that the application is complete in all

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**Reasoning:** The NCLT reviewed the material placed on record by the applicant and was satisfied that

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**Interpretation:** This means that all necessary documents and information required under the Code

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**Application:** In this case, the NCLT found that the application was complete based on the

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## Parties

- **Judges:** Manorama…; Chockalingam…
- **Appellants:** Rasendra Chemexpor…
- **Respondents:** Food Island…
- **Advocates:** Kunal Vai…

## Timeline

- **2018-10-25 — Due Date of Operational…**: The operational debt fell due on 25.10.2018, coinciding with the last ad hoc payment made…
- **2020-01-11 — Demand Notice…**: The operational creditor issued a demand notice to the corporate debtor on 11.01.2020,…

## 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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