# In the matter of Cookme (Spice) Private Limited CP(IB) No. 315-KB-2019

> NCLT judgment dated 2022-06-13. Citation: TCN-2022-NCLT-02253. Binod Kumar Choudhary, the operational creditor, filed a petition under Section 9 of the…

- **Court:** NCLT
- **Order date:** 13 Jun 2022
- **Citation:** TCN-2022-NCLT-02253
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/cookme-spice-private-limited-cpib-no-315-kb-2019-fd2e232e

## Summary

### Background

Binod Kumar Choudhary, the operational creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against Cookme (Spice) Private Limited, the corporate debtor, due to unpaid dues for supplied spices. The operational creditor claimed that the corporate debtor failed to pay a principal sum of ₹27,68,141 along with interest at 24%. The corporate debtor acknowledged the liability and issued cheques, some of which were dishonored. The operational creditor issued a notice under Section 8 of the Code, which the corporate debtor refused to accept.

## Facts

Binod Kumar Choudhary, operating as Isha Food Products, supplied spices to Cookme (Spice) Private Limited. Cookme allegedly failed to pay ₹27,68,141 plus 24% interest. Cookme issued cheques totaling ₹24,81,330, but ₹21,60,930 worth of cheques were dishonored. Cookme acknowledged the debt in a letter dated August 4, 2018. Choudhary issued a notice under Section 8 of the IBC on September 13, 2018, which Cookme refused. Cookme claimed the application was not in proper form, the debt was time-barred, and pre-existing disputes existed. Cookme stated spices were supplied through Vashistha Spices Grinding Mill and were of substandard quality. Cookme filed a criminal complaint against Choudhary alleging supply of spurious goods. Choudhary refuted these claims, stating Cookme

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## Issues and analysis

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

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016 allows an operational creditor to

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**Reasoning:** The Adjudicating Authority found that the application was complete in all respects and

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**Interpretation:** Section 9 provides the framework and conditions under which an operational

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**Application:** The application was deemed maintainable as it met the statutory requirements,

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## Parties

- **Judges:** Rajasekha…; Balraj…
- **Appellants:** Binod Kumar…
- **Respondents:** Cookme (Spice)…

## Timeline

- **2018-08-04 — Corporate Debtor's…**: Corporate Debtor acknowledged liability and…
- **2018-08-20 — Corporate Debtor's…**: Corporate Debtor made untrue…

## 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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