# In the matter of Aditus Mart Private Limited

> NCLT judgment dated 2024-07-01. Citation: TCN-2024-NCLT-01101. 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-01101
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/aditus-mart-private-limited-7326b171

## 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 to have 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, a proprietorship concern, is engaged in the business of trading incense sticks and related products. Aditus Mart Private Limited (Corporate Debtor) issued several purchase orders to RK Packaging (Operational Creditor) 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. RK Packaging sent reminders to Aditus Mart Private Limited, but the dues were not cleared. RK Packaging served a demand notice on 11.03.2023, demanding Rs. 1,16,00,017/-. Aditus Mart Private Limited, via email dated 21.04.2023, denied the amount claimed and raised an issue with respect to the quality of goods.

…

## Issues and analysis

### Issue 1: Whether the Operational Creditor has established the existence of an operational debt which was due …

**Ratio:** The existence of an operational debt is established when there is a legally enforceable

…

**Reasoning:** The court observed that the Corporate Debtor had confirmed an outstanding balance of Rs.

…

**Interpretation:** The confirmation of accounts by the Corporate Debtor serves as an admission of

…

**Application:** The court applied the ratio to the facts of the case and found that the

…

## Parties

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

## Timeline

- **2019-04-03 — Purchase Ord…**: The Operational Creditor started supplying goods based on the Purchase order dated…
- **2019-04-25 — Invoice…**: Operational Creditor issued several invoices dating from 25th April 2019 to 30th…

## 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-division-bench-court-i-chenn/aditus-mart-private-limited-7326b171