# In the matter of Pandhari Milk Private Limited CP (IB) 2139-MB-C-IV-2019

> NCLT judgment dated 2019-09-03. Citation: TCN-2019-NCLT-01610. M/s Pawar Milk Suppliers, an operational creditor, filed a Company Petition under Section 9 of…

- **Court:** NCLT
- **Order date:** 3 Sept 2019
- **Citation:** TCN-2019-NCLT-01610
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/pandhari-milk-private-limited-cp-ib-2139-mb-c-iv-2019-7f8abd50

## Summary

### Background

M/s Pawar Milk Suppliers, an operational creditor, filed a Company Petition under Section 9 of the Insolvency & Bankruptcy Code, 2016 (IBC) to initiate Corporate Insolvency Resolution Process (CIRP) against Pandhari Milk Private Limited, the corporate debtor. The petition was filed due to the corporate debtor's failure to pay a sum of Rs.33,00,000/- as principal and Rs.3,90,576/- as interest, totaling Rs.36,90,576/-, as of 31.07.2018, the date of default. The operational creditor had supplied milk to the corporate debtor on various dates, with the last bill dated 30.11.2018. The corporate debtor acknowledged the debt in a letter dated 31.01.2019 but requested continued supply of milk.

## Facts

M/s Pawar Milk Suppliers (Operational Creditor) filed a petition under Section 9 of the Insolvency & Bankruptcy Code, 2016 (IBC) to initiate Corporate Insolvency Resolution Process (CIRP) against Pandhari Milk Private Limited (Corporate Debtor). The Corporate Debtor was incorporated on 19.06.2014 under the Companies Act, 2013. The petition was filed on 06.06.2019 due to the Corporate Debtor's failure to pay Rs.33,00,000/- as principal and Rs.3,90,576/- as interest, totaling Rs.36,90,576/-, as of 31.07.2018 (date of default). The Operational Creditor supplied milk to the Corporate Debtor, with the last bill dated 30.11.2018. The total outstanding amount was Rs.86,80,288/-. Partial payments of Rs.42,79,250/- were made between 04.01.2019 and 22.01.2019, leaving a

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## Issues and analysis

### Issue 1: Whether the application made by the Operational Creditor is complete in all respects as required by …

**Ratio:** The application made by the Operational Creditor must be complete in all respects as

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**Reasoning:** The Adjudicating Authority observed that the application made by the Operational Creditor

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**Interpretation:** The completeness of the application is a prerequisite for the Adjudicating

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**Application:** The Adjudicating Authority found that the application was complete, satisfying

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## Parties

- **Judges:** Rajasekha…; RavikumarDu…
- **Appellants:** M/s Pawar Milk…
- **Respondents:** Pandhari Milk…

## Timeline

- **2014-06-19 — Incorporation of…**: Pandhari Milk Private Limited…
- **2018-07-31 — Date of D…**: Corporate Debtor failed to pay Rs.33,00,000/-…

## 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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