# In the matter of Satwiki Proteins Private Limited CP No. (IB) 36-9-JPR-2022

> NCLT judgment dated 2023-01-13. Citation: TCN-2023-NCLT-05048. M/s Sanmati Edible Oils Private Limited, the Operational Creditor/Applicant, filed an…

- **Court:** NCLT
- **Order date:** 13 Jan 2023
- **Citation:** TCN-2023-NCLT-05048
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/satwiki-proteins-private-limited-cp-no-ib-36-9-jpr-2022-62111d01

## Summary

### Background

M/s Sanmati Edible Oils Private Limited, the Operational Creditor/Applicant, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against Satwiki Proteins Private Limited, the Corporate Debtor/Respondent. The application was filed due to the alleged default in payment of operational dues amounting to Rs. 3,00,67,474/-. The applicant is a manufacturer of crude mustard oil and de-oiled mustard cake, while the corporate debtor is a private limited company incorporated under the Companies Act, 1956. The applicant received various purchase orders from the corporate debtor for the purchase of Mustard Cake between 13.07.2021 and 27.09.2021. Against these purchase orders, the

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## Facts

M/s Sanmati Edible Oils Private Limited (Applicant), an operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against M/s Satwiki Proteins Private Limited (Corporate Debtor). The applicant claimed a default of Rs. 3,00,67,474/-. The applicant is a manufacturer of crude mustard oil and de-oiled mustard cake. The corporate debtor is a private limited company incorporated under the Companies Act, 1956. The applicant received purchase orders from the corporate debtor for mustard cake between 13.07.2021 and 27.09.2021. Invoices were raised against these orders from 12.08.2021 to 16.10.2021, which remained unpaid. A demand notice dated 07.04.2022 was issued to the

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority has jurisdiction to entertain and try the application under …

**Ratio:** The Adjudicating Authority has jurisdiction if the Registered Office of the Respondent is

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**Reasoning:** The Adjudicating Authority perused the relevant papers and found that the Registered

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**Interpretation:** The IBC grants jurisdiction to the Adjudicating Authority based on the location

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**Application:** Since the Registered Office of the Respondent is in Jaipur, the Jaipur bench of

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## Parties

- **Judges:** Deep Chandr…; Prasanta Kumar…
- **Appellants:** M/s Sanmati…
- **Respondents:** M/s Satwiki…

## Timeline

- **2021-07-13 — Purchase Orders…**: Applicant received purchase orders from…
- **2021-09-27 — Purchase Orders…**: Applicant received purchase orders from…

## 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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