# In the matter of Jiya Agro Private Limited Company Petition No. IB-777-ND-2018

> NCLT judgment dated 2019-08-29. Citation: TCN-2019-NCLT-01684. The case involves an application filed by M/s Shivalik Packing Industries, an operational…

- **Court:** NCLT
- **Order date:** 29 Aug 2019
- **Citation:** TCN-2019-NCLT-01684
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/jiya-agro-private-limited-company-petition-no-ib-777-nd-2018-69c8ed75

## Summary

### Background

The case involves an application filed by M/s Shivalik Packing Industries, an operational creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s Jiya Agro Private Limited, the corporate debtor. The applicant claimed that the corporate debtor failed to pay outstanding dues for the supply of jute and PP bags. A demand notice was issued, but the corporate debtor failed to make the payment or raise any dispute. The applicant filed an affidavit of dasti service, and the Tribunal proceeded ex-parte due to the corporate debtor's non-appearance.

## Facts

M/s Shivalik Packing Industries, the applicant and operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against M/s Jiya Agro Private Limited, the respondent and corporate debtor. The applicant supplied jute and PP bags to the respondent as per orders placed. The applicant raised invoices against the supply, and payments were credited to the applicant's account. Ten tax invoices were sent and acknowledged by the respondent. Two cheques issued as part payments bounced due to insufficient funds. The respondent failed to make payment of Rs. 19,89,708/-. A demand notice dated 17.12.2018 was sent under Section 8 of the IBC, 2016, for the outstanding amount of Rs.

…

## Issues and analysis

### Issue 1: Whether the application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, is …

**Ratio:** Section 9(5) of the Insolvency and Bankruptcy Code, 2016, specifies the requirements for

…

**Reasoning:** The Tribunal found that the applicant had established the default in payment of the

…

**Interpretation:** Section 9 of the IBC allows an operational creditor to initiate CIRP against a

…

**Application:** In this case, the applicant, M/s Shivalik Packing Industries, provided

…

## Parties

- **Judges:** DEEPTI M…; HEMANT KUMAR…
- **Appellants:** M/s SHIVALIK…
- **Respondents:** M/s Jiya Agro…

## Timeline

- **2012-10-18 — Incorporation of…**: M/s Jiya Agro Private Limited…
- **2018-03-20 — Default Oc…**: The default in payment…

## 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)

---

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/jiya-agro-private-limited-company-petition-no-ib-777-nd-2018-69c8ed75