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

> NCLT judgment dated 2022-03-08. Citation: TCN-2022-NCLT-03847. 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-03847
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/agrimoney-foods-private-limited-cp-ib-897mb2021-70cfb4c0

## Summary

### Background

The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Operational Creditor's counsel is present, while no one appears for the Corporate Debtor. The application was filed on 13.07.2021, claiming an amount of Rs. 65 lakh.

## Facts

An application under Section 9 of the Insolvency and Bankruptcy Code, 2016, was filed by an Operational Creditor against Agrimoney Foods Private Limited. The application was filed on 13.07.2021, with a claim amount of Rs. 65 lakh. The Operational Creditor's counsel was present during the hearing, but no one represented the Corporate Debtor. The court noted that, based on an order from the Hon'ble NCLAT, the petition was deemed not maintainable. This prior order from NCLAT is a key fact influencing the decision.

## 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

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**Reasoning:** The court reasoned that the order of the Hon'ble NCLAT directly impacts the

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**Interpretation:** This interpretation emphasizes the importance of adhering to the orders of

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**Application:** In this case, the Hon'ble NCLAT had already issued an order indicating that the

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## Parties

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

## Timeline

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

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