# In the matter of Aditus Mart Private Limited

> NCLT judgment dated 2024-07-01. Citation: TCN-2024-NCLT-01092. RK Packaging, an operational creditor, filed a company petition under Section 9 of the…

- **Court:** NCLT
- **Order date:** 1 Jul 2024
- **Citation:** TCN-2024-NCLT-01092
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/aditus-mart-private-limited-65c626a9

## Summary

### Background

RK Packaging, an operational creditor, filed a company petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against Aditus Mart Private Limited, the corporate debtor, for a total operational debt of Rs. 1,16,00,017/- along with interest at 18% p.a. from 30.10.2019. The operational creditor claimed that they supplied goods worth Rs. 13,71,79,527/- to the corporate debtor, out of which the corporate debtor made a part payment of Rs. 12,55,79,510/-, leaving a balance of Rs. 1,16,00,017/- outstanding.

## Facts

RK Packaging, the operational creditor, is a proprietorship concern engaged in the business of trading incense sticks. Aditus Mart Private Limited, the corporate debtor, issued several purchase orders to RK Packaging for the supply of goods. RK Packaging supplied goods worth Rs. 13,71,79,527/- to Aditus Mart Private Limited. Aditus Mart Private Limited made a part payment of Rs. 12,55,79,510/-, leaving a balance of Rs. 1,16,00,017/- outstanding. The operational creditor sent reminders to the corporate debtor, but the dues were not cleared. The operational creditor issued a demand notice on 11.03.2023, demanding Rs. 1,16,00,017/-. The corporate debtor, in an email dated 21.04.2023, denied the amount claimed and raised the issue of the quality of goods. The corporate

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## Issues and analysis

### Issue 1: Whether the Operational Creditor has established the existence of an operational debt and a default …

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

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**Reasoning:** The NCLT considered the confirmation of accounts by the Corporate Debtor, which

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**Interpretation:** The existence of an acknowledged debt, as evidenced by the confirmation of

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**Application:** The Corporate Debtor's confirmation of accounts and the part payment made by

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## Parties

- **Judges:** Reeta K…; Madhu S…
- **Appellants:** RK Pack…
- **Respondents:** Aditus Mart…

## Timeline

- **2019-04-03 — Purchase Ord…**: Corporate Debtor issued purchase…
- **2019-04-25 — Invoice…**: Operational Creditor issued several…

## 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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