# In the matter of Sanwaria Consumer Ltd. (MP) CP(IB)No. 7-9-NCLT-AHM-2019

> NCLT judgment dated 2020-05-29. Citation: TCN-2020-NCLT-01275. The case involves a petition filed by Mr. Kishor Ramniklal Unadkat, the sole proprietor of M/s.…

- **Court:** NCLT
- **Order date:** 29 May 2020
- **Citation:** TCN-2020-NCLT-01275
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/sanwaria-consumer-ltd-mp-cpibno-7-9-nclt-ahm-2019-aa183c38

## Summary

### Background

The case involves a petition filed by Mr. Kishor Ramniklal Unadkat, the sole proprietor of M/s. Shakti Clearing Agency, under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s. Sanwaria Consumer Limited (formerly known as M/s. Sanwaria Agro Limited), the Corporate Debtor. The Corporate Debtor was incorporated on 22.04.1991. The Operational Creditor claims that the Corporate Debtor approached them in 2009 for services and has outstanding debts.

## Facts

Mr. Kishor Ramniklal Unadkat, the sole proprietor of M/s. Shakti Clearing Agency (Operational Creditor), filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s. Sanwaria Consumer Limited (Corporate Debtor). The Corporate Debtor was incorporated on 22.04.1991. The Operational Creditor claims an outstanding debt of Rs. 1,53,31,016.00, including interest. The Corporate Debtor had been availing services from the Operational Creditor since 2009. The Operational Creditor provided clearing and forwarding agent services. The Corporate Debtor stopped making payments after March 2019. The Operational Creditor sent a demand notice on 16.09.2019, which the Corporate Debtor received on

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## Issues and analysis

### Issue 1: Whether the present Company Petition filed by Mr. Kishor Ramniklal Unadkat, Sole Proprietor of M/s. …

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

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**Reasoning:** The Corporate Debtor admitted the debt and did not raise any dispute regarding the same.

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

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**Application:** The Corporate Debtor admitted the debt and did not dispute it. The Operational

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## Parties

- **Judges:** Harihar Prakash…; Prasanta Kumar…
- **Appellants:** Kishor Ramniklal…
- **Respondents:** Sanwaria Consumer…

## Timeline

- **1991-04-22 — Corporate Debtor…**: M/s. Sanwaria Consumer…
- **2009-01-01 — Business Rela…**: The Operational Creditor and the Corporate…

## 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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