# In the matter of India Brewery & Distillery Private Limited C.P. (IB) No. 147-BB-2018

> NCLT judgment dated 2021-02-25. Citation: TCN-2021-NCLT-02914. The case involves an application filed by M/s Unistil Alcoblends Private Limited, the…

- **Court:** NCLT
- **Order date:** 25 Feb 2021
- **Citation:** TCN-2021-NCLT-02914
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/india-brewery-distillery-private-limited-cp-ib-no-147-bb-2018-b9888d29

## Summary

### Background

The case involves an application filed by M/s Unistil Alcoblends Private Limited, the Operational Creditor, under Section 9 of the IBC, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against M/s India Brewery & Distillery Private Limited, the Corporate Debtor, due to an alleged default of Rs. 2,38,16,374/-. The Adjudicating Authority initially rejected the petition, leading the Operational Creditor to file an appeal before the NCLAT, which was allowed, and the matter was remitted back. Subsequently, the Corporate Debtor appealed to the Supreme Court, which dismissed the appeal. The case was then listed for hearing to explore settlement possibilities.

## Facts

M/s Unistil Alcoblends Private Limited, the Operational Creditor, filed C.P (IB)No.147/BB/2018 under Section 9 of the IBC, 2016, against M/s India Brewery & Distillery Private Limited, the Corporate Debtor, claiming a default of Rs. 2,38,16,374/-. The Adjudicating Authority initially rejected the petition on 2019-01-11. The Operational Creditor appealed to the NCLAT, which allowed the appeal on 2020-01-16, setting aside the Adjudicating Authority's order and remitting the matter back. The NCLAT directed the Adjudicating Authority to admit the Section 9 application if the Corporate Debtor did not settle the dispute. The Corporate Debtor then appealed to the Supreme Court, which dismissed the appeal on 2021-02-03, making the NCLAT order final. The case was listed for

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## Issues and analysis

### Issue 1: Whether the instant Company Petition is fit to be admitted for initiating CIRP against the …

**Ratio:** Section 9 of the IBC, 2016, read with Rule 6 of the I&B (AAA) Rules, 2016, allows an

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**Reasoning:** The Adjudicating Authority considered the submissions of both parties, the provisions of

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**Interpretation:** The interpretation of Section 9 of the IBC requires the Adjudicating Authority

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**Application:** The Adjudicating Authority applied the provisions of Section 9 to the facts of

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## Parties

- **Judges:** Rajeswara Rao…; Ashutosh C…
- **Appellants:** M/s Unistil…
- **Respondents:** M/s India Brewery…

## Timeline

- **2018-01-01 — C.P (IB)No.147/BB/2018…**: M/s Unistil Alcoblends Private Limited filed C.P (IB)No.147/BB/2018 under Section 9 of…
- **2019-01-11 — Petition Re…**: The Adjudicating…

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This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/india-brewery-distillery-private-limited-cp-ib-no-147-bb-2018-b9888d29