# In the matter of Mishtann Shoppee India Private Limited

> NCLT judgment dated 2025-05-16. Citation: TCN-2025-NCLT-00061. The application was filed by Satyarath Foods Private Limited, the operational creditor, under…

- **Court:** NCLT
- **Order date:** 16 May 2025
- **Citation:** TCN-2025-NCLT-00061
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/mishtann-shoppee-india-private-limited-9560c6dc

## Summary

### Background

The application was filed by Satyarath Foods Private Limited, the operational creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Mishtann Shoppee India Private Limited, the corporate debtor. The operational creditor sought the initiation of the Corporate Insolvency Resolution Process (CIRP) against the corporate debtor for a total debt of Rs. 3,18,91,056/-, which included a principal amount of Rs. 3,09,55,513/- and an interest of 24% amounting to Rs. 9,35,543/- as of 19.07.2024, as per MSME Rules and Regulations. The date of default was stated to be 02.05.2024. The operational creditor claimed to have regularly supplied rock salt to the corporate debtor from 02.04.2024 to 29.05.2024. Despite repeated requests, the corporate debtor failed to

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## Facts

Satyarath Foods Private Limited (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Mishtann Shoppee India Private Limited (Corporate Debtor). The claim was for a total debt of Rs. 3,18,91,056/-, comprising a principal amount of Rs. 3,09,55,513/- and interest of Rs. 9,35,543/- as of 19.07.2024. The Operational Creditor stated that the Corporate Debtor defaulted on 02.05.2024. The Operational Creditor supplied rock salt to the Corporate Debtor from 02.04.2024 to 29.05.2024. Despite repeated requests, the Corporate Debtor failed to make payments. The Operational Creditor issued a Form 3 demand notice dated 15.07.2024. The Corporate Debtor acknowledged the debt in its reply affidavit dated 29.11.2024 but cited

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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 court considered the documents and submissions made by the operational creditor,

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**Interpretation:** Section 9 provides a mechanism for operational creditors to recover their dues

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**Application:** In this case, the operational creditor had issued a demand notice and provided

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## Parties

- **Judges:** Chitra Ha…; Velamur G Venkata…
- **Appellants:** Satyarath Foods…
- **Respondents:** Mishtann Shoppee…

## Timeline

- **2024-04-02 — Supply of Rock Salt…**: Satyarath Foods Private Limited started supplying rock salt to Mishtann Shoppee India…
- **2024-05-02 — Date of D…**: Mishtann Shoppee India Private…

## 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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