# In the matter of Synergy Kitchens & Hospitality Pvt. Ltd. C.P (IB) No.1601-KB-2019

> NCLT judgment dated 2021-11-25. Citation: TCN-2021-NCLT-00411. Metro Cash & Carry India Private Limited filed an application under Section 9 of the Insolvency…

- **Court:** NCLT
- **Order date:** 25 Nov 2021
- **Citation:** TCN-2021-NCLT-00411
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/synergy-kitchens-hospitality-pvt-ltd-cp-ib-no1601-kb-2019-2bafdaf8

## Summary

### Background

Metro Cash & Carry India Private Limited filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Synergy Kitchens & Hospitality Private Limited, seeking initiation of the Corporate Insolvency Resolution Process (CIRP). Metro Cash & Carry claimed to be an operational creditor, alleging that Synergy Kitchens defaulted on payments for supplied goods. The operational creditor supplied diverse kinds of food articles like vegetables, fruits, spices, rice, pulses, meat and fish etc. to the Corporate Debtor upon orders placed by the Corporate Debtor from time to time. The parties have entered into an agreement dated 15th June, 2017 vide which the Operational Creditor supplied the goods as per mutually agreed terms and conditions

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## Facts

Metro Cash & Carry India Private Limited (Operational Creditor) supplied food articles to Synergy Kitchens & Hospitality Private Limited (Corporate Debtor) based on orders placed from time to time. An agreement dated June 15, 2017, governed the supply, with mutually agreed terms and conditions. The Operational Creditor raised invoices and provided bill discounting facilities. The Corporate Debtor allegedly defaulted on payments, leading the Operational Creditor to issue a demand notice under Section 8 of the Insolvency and Bankruptcy Code (IBC) on July 30, 2019, which was received by the Corporate Debtor on August 1, 2019. The Corporate Debtor replied on August 5, 2019, acknowledging the debt but also raising disputes. The Operational Creditor claimed an amount

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## Issues and analysis

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

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

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**Reasoning:** The Adjudicating Authority was convinced that the petition deserved to be admitted as

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**Interpretation:** Section 9 of the IBC provides a mechanism for operational creditors to recover

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**Application:** The Adjudicating Authority found that the application was complete in all

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## Parties

- **Judges:** Rajasekha…; Harish Chander…
- **Appellants:** Metro Cash &…
- **Respondents:** Synergy Kitchens…
- **Advocates:** Mr Victor…; Mr.Arik Ba…; +2 more

## Timeline

- **2017-06-15 — Agreement…**: Parties entered into an…
- **2019-07-30 — Demand Notice…**: Operational Creditor issued a…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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