# In the matter of Agrimoney Foods Private Limited C.P. (IB)-897(MB)2021

> NCLT judgment dated 2022-03-08. Citation: TCN-2022-NCLT-03860. The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 8 Mar 2022
- **Citation:** TCN-2022-NCLT-03860
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/agrimoney-foods-private-limited-cp-ib-897mb2021-26aaad90

## Summary

### Background

The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Operational Creditor, Prakash Exports, filed the application against the Corporate Debtor, Agrimoney Foods Private Limited. The application was filed on 13.07.2021, claiming an amount of Rs. 65 lakh. The court convened through video conference.

## Facts

Prakash Exports, the Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Agrimoney Foods Private Limited, the Corporate Debtor. The application was filed on 13.07.2021, with a claim amount of Rs. 65 lakh. Mr. Sunil Khatik, the counsel for the Operational Creditor, was present. No one appeared for the Corporate Debtor. The court dismissed the petition, citing that it was not maintainable based on a previous order from the NCLAT. The key fact is the NCLAT order rendering the Section 9 application not maintainable.

## Issues and analysis

### Issue 1: Whether the Section 9 application filed by the Operational Creditor is maintainable given the order …

**Ratio:** A petition under Section 9 of the IBC is not maintainable if a prior order from a higher

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**Reasoning:** The court relied on the order of the Hon'ble NCLAT, which had already addressed the issue

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**Interpretation:** This highlights the principle of judicial hierarchy and the binding nature of

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**Application:** In this specific case, because the NCLAT had already determined that a similar

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## Parties

- **Judges:** RAJESH S…; KISHORE VEMULAPALL…
- **Appellants:** Prakash E…
- **Respondents:** Agrimoney Foods…

## Timeline

- **2021-07-13 — Section 9 Application…**: The Operational Creditor, Prakash Exports, filed a Section 9 application against…
- **2022-03-08 — Hearing…**: Order sheet of the…

## 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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