# In the matter of Sachika Trading Private Limited CP (IB) 662-MB-C-IV-2021

> NCLT judgment dated 2022-10-03. Citation: TCN-2022-NCLT-00859. Casabella Trading Private Limited, the Operational Creditor, filed a Company Petition under…

- **Court:** NCLT
- **Order date:** 3 Oct 2022
- **Citation:** TCN-2022-NCLT-00859
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/sachika-trading-private-limited-cp-ib-662-mb-c-iv-2021-9e467c69

## Summary

### Background

Casabella Trading Private Limited, the Operational Creditor, filed a Company Petition under Section 9 of the Insolvency & Bankruptcy Code, 2016 (IBC) to initiate Corporate Insolvency Resolution Process (CIRP) against Sachika Trading Private Limited, the Corporate Debtor, for a sum of Rs.7,94,00,127/- inclusive of interest. The Corporate Debtor is a private limited company incorporated on 18.02.2011. The Operational Creditor is engaged in the business of supply of fabrics, and the Corporate Debtor is engaged in the business of wholesale of garments and other clothing products. The Operational Creditor supplied materials to the Corporate Debtor from 20.04.2017 to 29.05.2017, for which invoices were issued. The date of default is 08.06.2017, and the petition was filed

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## Facts

Casabella Trading Private Limited (Operational Creditor) filed a petition under Section 9 of the Insolvency & Bankruptcy Code, 2016 (IBC) to initiate Corporate Insolvency Resolution Process (CIRP) against Sachika Trading Private Limited (Corporate Debtor). The claim was for Rs.7,94,00,127/-, inclusive of interest at 18% p.a., which was said to be the amount in default. The date of default was 08.06.2017, and the petition was filed on 30.06.2021. The Corporate Debtor is a private limited company incorporated on 18.02.2011. The Operational Creditor is in the business of supplying fabrics, while the Corporate Debtor is in the business of wholesale garments. The Operational Creditor supplied materials from 20.04.2017 to 29.05.2017 based on purchase orders issued by the

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## Issues and analysis

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

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) allows an operational

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**Reasoning:** The NCLT found that the application was complete and filed in the proper form. The debt

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**Interpretation:** Section 9 of the IBC provides the requirements for an operational creditor to

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**Application:** The NCLT determined that the Operational Creditor met the requirements under

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## Parties

- **Judges:** Manoj Kumar…; KISHORE VEMULAPALL…
- **Appellants:** Casabella Trading…
- **Respondents:** Sachika Trading…

## Timeline

- **2011-02-18 — Incorporation of…**: Sachika Trading Private Limited…
- **2017-04-02 — Purchase…**: Corporate Debtor issued purchase order…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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