# In the matter of OM SHRI SHUBH LABH AGRITECH PRIVATE LIMITED

> NCLT judgment dated 2025-05-05. Citation: TCN-2025-NCLT-00982. BPC Technologies India Pvt Ltd filed an application under Section 9 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 5 May 2025
- **Citation:** TCN-2025-NCLT-00982
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-indore/om-shri-shubh-labh-agritech-private-limited-3b416dfe

## Summary

### Background

BPC Technologies India Pvt Ltd filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Om Shri Shubh Labh Agritech Pvt Ltd for initiation of Corporate Insolvency Resolution Process (CIRP) due to defaulted payment of outstanding dues amounting to Rs. 148,98,00,081/- including interest.

## Facts

BPC Technologies India Pvt Ltd (Operational Creditor) filed an application under Section 9 of the IBC against Om Shri Shubh Labh Agritech Pvt Ltd (Corporate Debtor).

The application was filed on 11.10.2022.

The Operational Creditor claimed a default of Rs. 148,98,00,081/- including interest.

The debt arose from the supply of agricultural commodities under a Commodity Procurement Contract dated 05.08.2020 and Tripartite Agreements dated 07.06.2021.

A Payment Restructuration Agreement (PRA) was executed in January 2022, but the Corporate Debtor breached the agreement.

The Corporate Debtor made partial payments but failed to clear the entire outstanding dues.

…

## Issues and analysis

### Issue 1: Whether the debt claimed by the Applicant qualifies as an operational debt under Section 5(21) of …

**Ratio:** The NCLAT in Ahluwalia Contracts (India) Ltd. v. Logix Infratech held that a settlement

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**Reasoning:** The debt originated from the supply of agricultural commodities, falling under the

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**Interpretation:** Section 5(21) of the IBC defines operational debt as a claim in respect of the

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**Application:** The debt in question originates from the supply of agricultural commodities

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## Parties

- **Judges:** SHAMMI…; SANJEEV S…
- **Appellants:** BPC Technologies…
- **Respondents:** Om Shri Shubh…; Om Shri Shubh…
- **Other parties:** Naren Nau…; Rahul A…; +1 more
- **Advocates:** Palak Roh…; Sanjeev Cha…; +1 more

## Timeline

- **2020-08-05 — Commodity Procurement…**: Commodity Procurement Contract was executed between the Operational Creditor and…
- **2021-06-07 — Tripartite Ag…**: Tripartite Agreements were executed between the Operational Creditor, Corporate Debtor,…

## 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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