# In the matter of Tree of Life Pvt. Ltd.

> NCLT judgment dated 2023-12-21. Citation: TCN-2023-NCLT-00082. The Operational Creditor filed a petition under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 21 Dec 2023
- **Citation:** TCN-2023-NCLT-00082
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/tree-of-life-pvt-ltd-7121e92a

## Summary

### Background

The Operational Creditor filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor for an unpaid operational debt of Rs. 9,87,76,680/-.

## Facts

T. Choitram and Sons (London) Ltd., the Operational Creditor, filed a petition on October 19, 2022, under Section 9 of the Insolvency and Bankruptcy Code, 2016, read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. The petition sought to initiate Corporate Insolvency Resolution Process (CIRP) against Tree of Life Pvt. Ltd., the Corporate Debtor, for an outstanding operational debt of Rs. 9,87,76,680/- related to unpaid purchase orders. The Operational Creditor asserted that it supplied food and associated products to the Corporate Debtor based on duly validated purchase orders dated April 25, 2019, and August 7, 2019. These dates are also cited as the dates of default. To substantiate its claim, the Operational Creditor

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor committed a …

**Ratio:** The failure of the Corporate Debtor to deny the debt and default, coupled with

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**Reasoning:** The Corporate Debtor failed to file a reply to the petition despite multiple

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**Interpretation:** The Tribunal interpreted the Corporate Debtor's silence and lack of response as

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**Application:** Given the Corporate Debtor's non-appearance and the evidence presented by the

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## Parties

- **Judges:** Reeta K…; Madhu S…
- **Appellants:** T. Choitram and…; T. Choi…; +1 more
- **Respondents:** Tree of Life Pvt…
- **Advocates:** For the Petitioner…

## Timeline

- **April 25, 2019 — Purchase Ord…**: One of the dates of duly validated purchase orders for food and associate products…
- **August 7, 2019 — Purchase Ord…**: One of the dates of duly validated purchase orders for food and associate products…

## 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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