# In the matter of Sumiran Foods Pvt. Ltd.

> NCLT judgment dated 2024-05-01. Citation: TCN-2024-NCLT-01493. The case involves a show-cause notice issued by the Joint Registrar to the respondents, M/s.…

- **Court:** NCLT
- **Order date:** 1 May 2024
- **Citation:** TCN-2024-NCLT-01493
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/sumiran-foods-pvt-ltd-c9d2e292

## Summary

### Background

The case involves a show-cause notice issued by the Joint Registrar to the respondents, M/s. Sumiran Foods Pvt. Ltd. and its directors, regarding the imposition of a penalty under Section 65(1) of the IBC, 2016. This penalty was considered because the Operational Creditor, Sumiran Foods Pvt. Ltd., had initiated a Corporate Insolvency Resolution Process (CIRP) with a malicious intention, primarily for recovery rather than insolvency resolution, and subsequently withdrew its claim.

## Facts

The Joint Registrar issued a show-cause notice to M/s. Sumiran Foods Pvt. Ltd. and its directors, seeking an explanation as to why a penalty under Section 65(1) of the IBC, 2016, should not be imposed. This action followed directions from the Tribunal when disposing of IA 338 of 2023 in CP(IB) 838 of 2019. The Tribunal had previously observed that the Operational Creditor's intention was not for insolvency resolution but for recovery, initiating the CIRP with malicious intent. M/s. Sumiran Foods Pvt. Ltd., as an Operational Creditor, had filed an application under Section 9 of the IBC, 2016, to initiate CIRP against Pankaj Events & Celebrations Pvt. Ltd. This application was allowed on March 31, 2021, and Mr. Manish Kumar Bhagat was appointed as the Interim

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## Issues and analysis

### Issue 1: Whether the Operational Creditor, M/s. Sumiran Foods Pvt. Ltd., initiated the Corporate Insolvency …

**Ratio:** Initiating CIRP with malicious intent for recovery, rather than insolvency resolution, is

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**Reasoning:** The Tribunal observed that the Operational Creditor withdrew its claim and did not

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**Interpretation:** The court interpreted Section 65(1) of the IBC, 2016, to mean that if a person

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**Application:** Given the withdrawal of claims by the Operational Creditor and other creditors,

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## Parties

- **Judges:** Chitra Ha…; Velamur G Venkata…
- **Appellants:** Joint Reg…
- **Respondents:** Pankaj Events &…; Sumiran Foods…; +6 more
- **Advocates:** For the Applicant:…; Dy. Regis…; +1 more

## Timeline

- **March 31, 2021 — CIRP Init…**: Application filed by M/s. Sumiran Foods Pvt. Ltd. as Operational Creditor under Section 9…
- **December 20, 2023 — IRP's Letter for CIRP…**: IRP informed Operational Creditor M/s Sumiran Foods Pvt. Ltd. to deposit amount as per…

## 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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