# In the matter of Innerbeing Wellness Pvt. Ltd. CP(IB) No. 39-9-HDB-2020

> NCLT judgment dated 2022-02-18. Citation: TCN-2022-NCLT-04062. Options Infinite Services Pvt Ltd, the Operational Creditor, filed a petition under Section 9…

- **Court:** NCLT
- **Order date:** 18 Feb 2022
- **Citation:** TCN-2022-NCLT-04062
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/innerbeing-wellness-pvt-ltd-cpib-no-39-9-hdb-2020-14469572

## Summary

### Background

Options Infinite Services Pvt Ltd, the Operational Creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Innerbeing Wellness Pvt Ltd, the Corporate Debtor, for failing to discharge a debt of Rs. 29,82,390. The Operational Creditor provided sales representative services and managed sales and distribution networks for the Corporate Debtor, who is engaged in the business of developing and selling millet and quinoa-based wellness products. A Sales Representative Agreement (SRA) was entered into between the parties on 08.08.2018. The Operational Creditor raised 56 invoices between 10.09.2018 and 03.10.2019, out of which 42 were paid. The remaining invoices were not paid, leading to the issuance of a demand notice on 29.10.2019. The

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## Facts

Options Infinite Services Pvt Ltd (Operational Creditor) and Innerbeing Wellness Pvt Ltd (Corporate Debtor) entered into a Sales Representative Agreement (SRA) on 08.08.2018. Under the SRA, the Operational Creditor was to develop and service a sales network for the Corporate Debtor's products. The Operational Creditor raised 56 invoices between 10.09.2018 and 03.10.2019, totaling Rs. 29,82,390, including principal and interest. The Corporate Debtor paid 42 invoices without dispute. The remaining invoices were not paid, leading the Operational Creditor to issue a demand notice on 29.10.2019. The Corporate Debtor replied on 06.11.2019, disputing the demand notice, claiming lack of company seal, incorrect liability amount, and disputes regarding contractual obligations.

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## Issues and analysis

### Issue 1: Whether the documentary evidence furnished with the application shows that the aforesaid debt is …

**Ratio:** The Adjudicating Authority must determine if the documentary evidence shows the debt is

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**Reasoning:** The Corporate Debtor did not file a counter despite opportunity. The reply notice did not

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**Interpretation:** Section 9 of the I&B Code requires the Adjudicating Authority to assess the

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**Application:** The Adjudicating Authority found that the Operational Creditor established the

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## Parties

- **Judges:** Venkata Ramakrishn…; Veera Brahma Rao…
- **Appellants:** Options Infinite…
- **Respondents:** Innerbeing…

## Timeline

- **2018-08-08 — Sales Representative…**: Options Infinite Services Pvt Ltd and Innerbeing Wellness Pvt Ltd entered into a Sales…
- **2018-09-10 — First In…**: The Operational Creditor…

## 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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