# In the matter of Raghuvanshi Industries Private Limited

> NCLT judgment dated 2023-09-19. Citation: TCN-2023-NCLT-01557. The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 19 Sept 2023
- **Citation:** TCN-2023-NCLT-01557
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/raghuvanshi-industries-private-limited-1403b8b9

## Summary

### Background

The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 by Shree N. H. Enterprises (Operational Creditor) to initiate the Corporate Insolvency Resolution Process (CIRP) against Raghuvanshi Industries Private Limited (Corporate Debtor) due to unpaid operational debt. The Operational Creditor supplied Cotton Cake to the Corporate Debtor, who failed to make payments for 47 invoices raised between 03.06.2021 and 23.06.2021, totaling Rs. 1,42,91,391/-. The Operational Creditor followed up regularly, but the debt remained unpaid.

## Facts

Shree N. H. Enterprises, an operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against Raghuvanshi Industries Private Limited, the corporate debtor. The operational creditor supplied Cotton Cake to the corporate debtor between 03.06.2021 and 23.06.2021, raising 47 invoices for a total of Rs. 1,42,91,391/-. The corporate debtor failed to make the payments despite regular follow-ups. The date of first default was 18.06.2021, and the date of last default was 08.07.2021. The application was filed through Mr. Nirav Mahendrabhai Mashru, a partner of the operational creditor, authorized by an authority letter. The corporate debtor admitted the total unpaid dues

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the Insolvency and Bankruptcy Code, 2016, for initiating …

**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 documents and arguments presented by both the

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

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**Application:** The Adjudicating Authority found that the Operational Creditor had demonstrated

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## Parties

- **Judges:** SHAMMI…; SAMEER…
- **Appellants:** Shree N.H.Enterpri…
- **Respondents:** Raghuvanshi…

## Timeline

- **2021-06-03 — Start of Suppl…**: The Operational Creditor started supplying…
- **2021-06-23 — End of Supply…**: The Operational Creditor ended the supply…

## 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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