# in the matter of J R Agro Industries Pvt. Ltd. CP No. (IB) 13-ALD-2017

> NCLT judgment dated 2017-06-01. Citation: TCN-2017-NCLT-00822. The present case involves a company petition where the order is being pronounced in respect of…

- **Court:** NCLT
- **Order date:** 1 Jun 2017
- **Citation:** TCN-2017-NCLT-00822
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/j-r-agro-industries-pvt-ltd-cp-no-ib-13-ald-2017-6798d29f

## Summary

### Background

The present case involves a company petition where the order is being pronounced in respect of multiple C.P. Nos. 13, 14, 15, 16, and 17 of 2017. These petitions are based on the same or similar nature of facts and are being disposed of through a common order. The applications were found complete in terms of Section 9(5)(2) of the Insolvency and Bankruptcy Code. The court observed that there was no repayment of unpaid operational debt despite invoices for payment raised by the operational creditors, and goods were delivered to the corporate debtor according to purchase and supply orders. The corporate debtor is in default of making payments.

## Facts

The case involves multiple company petitions (C.P. Nos. 13, 14, 15, 16, and 17 of 2017) based on similar facts. J.R. Agro Industries Pvt Ltd, the corporate debtor, has defaulted on payments to several operational creditors. These creditors raised invoices for payment, and goods were delivered to the corporate debtor. The corporate debtor's statutory returns and records confirm the purchase and receipt of goods from these operational creditors. A Memorandum of Understanding (MOU) exists between the corporate debtor and Mr. Dinesh Arora, but the operational creditors were not party to this MOU. The corporate debtor raised a defense of alleged fraud, which the court found to be speculative. The unpaid debts were duly entered and admitted in the books of account of the

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## Issues and analysis

### Issue 1: Whether the applications are complete in terms of Section 9(5)(2) of the Insolvency and Bankruptcy …

**Ratio:** Section 9(5)(2) of the Insolvency and Bankruptcy Code outlines the requirements for an

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**Reasoning:** The court observed that the applications were complete in terms of Section 9(5)(2) of the

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**Interpretation:** Section 9(5)(2) sets the procedural and documentary requirements for initiating

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**Application:** The court applied this ratio by examining the applications and finding them to

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## Parties

- **Judges:** Harihar Prakash…
- **Respondents:** J.R. Agro…

## Timeline

- **2017-01-01 — Filing of C.P. Nos. 13, 14, 15, 16, and 17 of…**: Multiple company petitions were filed…
- **2016-05-19 — Signing o…**: Memorandum of Understanding (MOU) signed between the corporate debtor and Mr. Dinesh…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 62 — Appeal to Supreme Court](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-62)

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