# In the matter of Trimurti Foodtech Private Limited  CP (IB) 4736-MB-C-IV-2018

> NCLT judgment dated 2020-01-01. Citation: TCN-2020-NCLT-02585. The case involves a petition filed by Velji Dosabhai and Sons Private Limited (Operational…

- **Court:** NCLT
- **Order date:** 1 Jan 2020
- **Citation:** TCN-2020-NCLT-02585
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/trimurti-foodtech-private-limited-cp-ib-4736-mb-c-iv-2018-dcdcba7e

## Summary

### Background

The case involves a petition filed by Velji Dosabhai and Sons Private Limited (Operational Creditor) under Section 9 of the Insolvency & Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Trimurti Foodtech Private Limited (Corporate Debtor). The Operational Creditor claimed that the Corporate Debtor defaulted on payments for freight and customs clearance services. The Corporate Debtor issued three cheques towards outstanding payments, but all were dishonored.

## Facts

Velji Dosabhai and Sons Private Limited (Operational Creditor) filed a petition under Section 9 of the Insolvency & Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Trimurti Foodtech Private Limited (Corporate Debtor). The Operational Creditor provided freight and customs clearance services to the Corporate Debtor and raised five invoices totaling ₹6,67,151.00. The date of default was stated to be 01.10.2017. The Corporate Debtor issued three cheques towards outstanding payments, but all were dishonored on 30.06.2017. The Operational Creditor served a Demand Notice in Form 3 to the Corporate Debtor on 27.02.2018, which was served by Speed Post on 02.04.2019. The Corporate Debtor did not reply to the Demand Notice. The total

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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:** Section 9 of the IBC and Rule 6(1) of the Insolvency & Bankruptcy (Application to

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**Reasoning:** The Adjudicating Authority determined that the application was complete in all respects

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**Interpretation:** The legal issue concerns the completeness of the application filed by the

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**Application:** The application was deemed complete, satisfying the requirements for initiating

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## Parties

- **Judges:** Rajasekha…; RavikumarDu…
- **Appellants:** Velji Dosabhai…
- **Respondents:** Trimurti Foodtech…

## Timeline

- **2017-03-09 — Invoice I…**: Invoice No.012409…
- **2017-03-25 — Invoice I…**: Invoice No.013051…

## 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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