# In the matter of Boutique Spiritis Brands Pvt. Ltd.

> NCLT judgment dated 2025-04-08. Citation: TCN-2025-NCLT-00230. Farukhi Glass Industries, an operational creditor, filed a Company Petition (IB) under Section…

- **Court:** NCLT
- **Order date:** 8 Apr 2025
- **Citation:** TCN-2025-NCLT-00230
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/boutique-spiritis-brands-pvt-ltd-31181f1b

## Summary

### Background

Farukhi Glass Industries, an operational creditor, filed a Company Petition (IB) under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016, against Boutique Spirits Brands Pvt. Ltd., the corporate debtor, due to unpaid dues for the supply of empty glass bottles. The operational creditor claimed that the corporate debtor defaulted on payments for invoices raised between December 2021 and February 2023. The corporate debtor repeatedly requested urgent deliveries of glass products, assuring that the outstanding dues would be settled. The operational creditor issued demand notices seeking payment, but no payments were made. The application was filed before the NCLT on 11.09.2024.

## Facts

Farukhi Glass Industries (Operational Creditor) supplied glass bottles to Boutique Spirits Brands Pvt. Ltd. (Corporate Debtor) between December 2021 and February 2023. The Corporate Debtor defaulted on payments, with outstanding amounts for supplies at Ranchi (Rs. 17,85,787/-), Odisha (Rs. 1,49,77,147/-), and Punjab (Rs. 16,08,235/-). The Corporate Debtor issued a security cheque dated 07.01.2023 for Rs. 50,00,000/-, which was dishonored on 05.04.2023 due to insufficient funds. The Operational Creditor issued demand notices on 15.04.2024 and 17.08.2024, but received no response. The Corporate Debtor failed to appear before the NCLT despite service of notice. The Operational Creditor is registered under the Micro, Small and Medium Enterprises Development Act, 2006

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the …

**Ratio:** Section 9(5) of the IBC, 2016, specifies the conditions for admitting an application for

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**Reasoning:** The Tribunal found that the application was incomplete as the Operational Creditor had

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**Interpretation:** Section 9(5) of the IBC, 2016, requires the Adjudicating Authority to ensure

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**Application:** In this case, the Tribunal found that the application was incomplete as the

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## Parties

- **Judges:** SH. ASHOK KUMAR…; Reena Sinh…
- **Appellants:** Farukhi Glass…
- **Respondents:** Boutique Spirits…

## Timeline

- **2021-12-01 — Supply of…**: Between December 2021 and February 2023, the Corporate Debtor placed various purchase…
- **2023-01-07 — Security Chequ…**: The Corporate Debtor issued a security cheque dated 07.01.2023, which was dishonoured on…

## 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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