# In the matter of Map Refoils India Limited CP (IB)240-AHM-2021

> NCLT judgment dated 2022-04-04. Citation: TCN-2022-NCLT-03386. HiteshKumar Sureshbhai Gajjar, proprietor of Richrelics Export, filed an application under…

- **Court:** NCLT
- **Order date:** 4 Apr 2022
- **Citation:** TCN-2022-NCLT-03386
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/map-refoils-india-limited-cp-ib240-ahm-2021-69ccc457

## Summary

### Background

HiteshKumar Sureshbhai Gajjar, proprietor of Richrelics Export, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of Corporate Insolvency Resolution Process (CIRP) against Map Refoils India Limited, claiming to be an Operational Creditor. The applicant stated that the corporate debtor defaulted in making payment of Rs. 1,96,85,265/- for the supply of refined palmolein oil. The application was filed due to the corporate debtor's failure to pay the outstanding amount despite a demand notice.

## Facts

HiteshKumar Sureshbhai Gajjar, proprietor of Richrelics Export, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of Corporate Insolvency Resolution Process (CIRP) against Map Refoils India Limited. Richrelics Export, the applicant, is a proprietor engaged in the business of oil. Map Refoils India Limited, the corporate debtor, is a company limited by shares, incorporated on 09.01.2015. The applicant supplied refined palmolein oil to the corporate debtor and raised invoices on 12.04.2021 for Rs. 1,96,85,265/-. The corporate debtor acknowledged the outstanding amount in a letter dated 31.08.2021. The corporate debtor requested time to make the payment due to COVID-19 related issues in a letter dated 27.08.2021. The

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## Issues and analysis

### Issue 1: Whether the application filed by the operational creditor under Section 9 of the Insolvency and …

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

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**Reasoning:** The Adjudicating Authority considered the submissions and found that the application was

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**Interpretation:** Section 9 provides the mechanism for operational creditors to initiate CIRP

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**Application:** The application was found to be complete and in compliance with Section 9(5) of

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## Parties

- **Judges:** DEEPTI M…; Ajai Das Me…
- **Appellants:** Hitesh Kumar…
- **Respondents:** Map Refoils India…

## Timeline

- **2015-01-09 — Incorporation of…**: Map Refoils India Limited…
- **2021-04-12 — Invoices…**: Applicant raised invoices…

## 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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