# In the matter of ADISON GRANITO PRIVATE LIMITED

> NCLT judgment dated 2025-02-25. Citation: TCN-2025-NCLT-00434. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code…

- **Court:** NCLT
- **Order date:** 25 Feb 2025
- **Citation:** TCN-2025-NCLT-00434
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/adison-granito-private-limited-03874b9f

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code (IBC) 2016 by Classic Microtech Private Limited, the Operational Creditor, against Adison Granito Private Limited, the Corporate Debtor. The application pertains to a debt of Rs. 6,39,46,214, comprising the principal amount of Rs. 5,59,00,374 and Rs. 80,45,840 towards interest, for goods supplied by the applicant to the respondent. The applicant provided ledger statements from November 23, 2018, to October 14, 2022, as evidence of the supply of Feldspar powder. The date of default was stated to be October 20, 2021. A demand notice under Section 8 of the IBC was issued on February 17, 2023.

## Facts

Classic Microtech Private Limited (Operational Creditor) filed an application under Section 9 of the IBC against Adison Granito Private Limited (Corporate Debtor) for a debt of Rs. 6,39,46,214, including principal and interest, for goods supplied. The applicant provided ledger statements from November 2018 to October 2022, showing the supply of Feldspar powder. The date of default was stated as October 20, 2021. A demand notice under Section 8 of the IBC was issued on February 17, 2023. The respondent admitted to procuring the goods but disputed the amount, claiming a smaller amount was due based on a WhatsApp message. The respondent also argued the lack of a statutory audit report. The applicant issued demand notices via speed post and email. The respondent's IA 741

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## Issues and analysis

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

**Ratio:** Section 9 of the IBC allows an operational creditor to initiate CIRP against a corporate

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**Reasoning:** The court considered the documents and evidence presented by the applicant, including

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

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**Application:** The court found that the applicant had provided sufficient evidence to

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## Parties

- **Judges:** Chitra Ha…; Velamur G Venkata…
- **Appellants:** Classic Microtech…
- **Respondents:** Adison Granito…
- **Advocates:** Rajiv C…; Kriti Ko…; +2 more

## Timeline

- **2018-11-23 — Supply of Feldspar…**: Applicant started supplying…
- **2021-10-20 — Date of D…**: Date of default…

## 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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