# In the matter of Maruthi Food Processing and Agri Products Export (India) Private Limited CP-1384-IB-2018

> NCLT judgment dated 2019-06-21. Citation: TCN-2019-NCLT-02812. The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 21 Jun 2019
- **Citation:** TCN-2019-NCLT-02812
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/maruthi-food-processing-and-agri-products-export-india-private-limited-cp-1384-i-97dd8980

## Summary

### Background

The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by M/s. Dharani Exim (the Operational Creditor) for initiating the Corporate Insolvency Resolution Process against M/s. Maruthi Food Processing and Agri Products Export (India) Private Limited (the Corporate Debtor). The Corporate Debtor defaulted in paying ₹10,82,620 to the Operational Creditor.

## Facts

M/s. Dharani Exim, the Operational Creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against M/s. Maruthi Food Processing and Agri Products Export (India) Private Limited, the Corporate Debtor. The Corporate Debtor defaulted in paying ₹10,82,620 to the Operational Creditor for the supply of 21MT of Steam Rice, as per an invoice dated 24.01.2017. The Operational Creditor obtained an order under the Micro, Small and Medium Enterprises Development Act, 2006, from the MSE Facilitation Counsel on 09.05.2018. The Corporate Debtor was set ex-parte on 11.06.2019 due to non-appearance and failed to respond to the Demand Notice dated 10.07.2018. The Adjudicating Authority noted that

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor under Section 9 of the Insolvency and …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, allows an operational creditor to

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**Reasoning:** The Adjudicating Authority considered the application filed by the Operational Creditor

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**Interpretation:** Section 9 provides a mechanism for operational creditors to recover their dues

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**Application:** The Adjudicating Authority found that the application was in compliance with

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## Parties

- **Judges:** B.S.V. Prakash…; S. VIJAYARA…
- **Respondents:** M/s. Maruthi Food…

## Timeline

- **2017-01-24 — Invoice…**: Invoice issued by the Operational Creditor to the Corporate Debtor for the supply of 21MT…
- **2018-05-09 — MSEFC Or…**: Operational Creditor obtained an order under the Micro, Small and Medium Enterprises…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 14 — Moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-14)

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