# In the matter of C & A Farm Fresh Pvt. Ltd.

> NCLT judgment dated 2023-08-23. Citation: TCN-2023-NCLT-01955. The case involves a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016,…

- **Court:** NCLT
- **Order date:** 23 Aug 2023
- **Citation:** TCN-2023-NCLT-01955
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/c-a-farm-fresh-pvt-ltd-6d2ce76c

## Summary

### Background

The case involves a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Om Sai Boxes, an operational creditor, against C & A Farm Fresh Pvt. Ltd., the corporate debtor, seeking to initiate the Corporate Insolvency Resolution Process (CIRP). The operational creditor claimed a default of Rs. 20,66,028.76/- including interest, arising from unpaid invoices for corrugated boxes, sheets, rolls, and packaging materials supplied to the corporate debtor. The corporate debtor contested the petition, alleging a pre-existing dispute regarding the quality of the boxes and claiming that the petition was time-barred.

## Facts

Om Sai Boxes, the operational creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate CIRP against C & A Farm Fresh Pvt. Ltd., the corporate debtor. Om Sai Boxes is a manufacturer of corrugated boxes, sheets, rolls, and packaging materials. C & A Farm Fresh Pvt. Ltd. is a supplier of mangoes, onions, and fresh fruits. The operational creditor supplied materials to the corporate debtor based on orders placed up to November 2016, raising invoices accordingly. The last payment was received on 2017-02-17. The operational creditor claimed a default of Rs. 20,66,028.76/-, including 24% interest of Rs. 8,96,029.76/-. A demand notice in Form 3 was issued on 2020-01-15. The corporate debtor alleged a pre-existing dispute

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## Issues and analysis

### Issue 1: Whether the demand notice in Form-3 dated 2020-01-15 …

**Ratio:** A demand notice is considered duly served if it is delivered to the corporate debtor via

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**Reasoning:** The court noted that the demand notice was sent to the corporate debtor via registered

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**Interpretation:** The legal principle is that proper service of a demand notice is a prerequisite

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**Application:** In this case, the demand notice was sent via registered post, and the corporate

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## Parties

- **Judges:** Harnam Singh…; SUBRATA KUM…
- **Appellants:** Om Sai…
- **Respondents:** C & A Farm Fresh…

## Timeline

- **2016-11-01 — Order Pla…**: Corporate debtor placed orders for corrugated boxes, sheets, rolls, and packaging…
- **2017-02-17 — Last Payment…**: Last payment received from the corporate…

## 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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