# In the matter of Sunder Agromills Private Limited Company Petiiton No. IB-1175-ND-2019

> NCLT judgment dated 2019-08-21. Citation: TCN-2019-NCLT-01866. M/S Janki Parshad & Company, the Applicant/Operational Creditor, filed an application under…

- **Court:** NCLT
- **Order date:** 21 Aug 2019
- **Citation:** TCN-2019-NCLT-01866
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/sunder-agromills-private-limited-company-petiiton-no-ib-1175-nd-2019-8e0ea488

## Summary

### Background

M/S Janki Parshad & Company, the Applicant/Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against M/S Sunder Agromills Private Limited, the Respondent/Corporate Debtor. The applicant provided services as an agent/broker to the corporate debtor for selling imported oils and fats in local markets. The applicant raised invoices for these services, and while some payments were made, a total of Rs. 6,54,900/- remained unpaid.

## Facts

M/S Janki Parshad & Company (Applicant/Operational Creditor) provided services as an agent/broker to M/S Sunder Agromills Private Limited (Respondent/Corporate Debtor) for selling imported oils and fats. The Applicant raised invoices for these services. Two invoices amounting to Rs 73,750/- and Rs 5,81,150/-, totaling Rs. 6,54,900/-, remained unpaid despite reminders. The Applicant issued a demand notice on 05.04.2019. The Corporate Debtor replied on 18.04.2019, assuring payment and enclosing TDS certificates, but no payment was received. The application under Section 9 of IBC was filed on 07.05.2019. The Corporate Debtor admitted its liabilities in a reply dated 15.07.2019, citing unfavorable business conditions. The date of default was 16.03.2018.

## Issues and analysis

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

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

…

**Reasoning:** The Adjudicating Authority observed that the application was complete and the documents

…

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

…

**Application:** The Corporate Debtor admitted its liabilities, and the Adjudicating Authority

…

## Parties

- **Judges:** DEEPTI M…; Sh. Hemant Kumar…
- **Appellants:** M/s. Janki…
- **Respondents:** M/S SUNDER…

## Timeline

- **2018-03-16 — Date of D…**: The date on which the…
- **2019-04-05 — Demand Notice…**: The Applicant issued a demand notice in Form 3 &…

## 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/sunder-agromills-private-limited-company-petiiton-no-ib-1175-nd-2019-8e0ea488