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

> NCLT judgment dated 2022-03-08. Citation: TCN-2022-NCLT-03857. 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-03857
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/agrimoney-foods-private-limited-cp-ib-897mb2021-28108c10

## 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.

## 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. The Counsel for the Operational Creditor was present during the hearing. However, no one was present for the Corporate Debtor. The court dismissed the petition, stating that it was not maintainable based on an order from the Hon'ble NCLAT.

## Issues and analysis

### Issue 1: Whether the application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, is …

**Ratio:** A petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, can be dismissed

…

**Reasoning:** The court relied on the order of the Hon'ble NCLAT, which indicated that the petition was

…

**Interpretation:** The interpretation is that the NCLT is bound by the orders of the NCLAT and

…

**Application:** In this case, the NCLAT had already determined that the Section 9 application

…

## Parties

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

## Timeline

- **2021-07-13 — Application…**: Section 9 application filed by Prakash Exports…
- **2022-03-08 — Hearing…**: Order sheet of the…

---

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/agrimoney-foods-private-limited-cp-ib-897mb2021-28108c10