# In the matter of CROPBERRY FOODS PRIVATE LIMITED

> NCLT judgment dated 2026-02-03. Citation: TCN-2026-NCLT-00157. Epicrop Organics Limited filed a petition under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 3 Feb 2026
- **Citation:** TCN-2026-NCLT-00157
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-jaipur/cropberry-foods-private-limited-eb6d4b62

## Summary

### Background

Epicrop Organics Limited filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Cropberry Foods Private Limited, seeking initiation of the Corporate Insolvency Resolution Process (CIRP).

## Facts

Epicrop Organics Limited ('Operational Creditor') filed a petition against Cropberry Foods Private Limited ('Corporate Debtor') under Section 9 of the IBC.

The Operational Creditor claimed a default of Rs. 1,67,44,116.22, including a principal amount of Rs. 1,60,93,000.00 and interest of Rs. 6,51,116.22.

The Corporate Debtor acknowledged the existence of the debt but claimed a pre-existing dispute regarding the quality of goods supplied.

The Corporate Debtor requested time to pay the outstanding dues, citing financial constraints.

The Operational Creditor issued a demand notice to the Corporate Debtor, which was duly delivered.

The NCLT, Jaipur Bench, found that the Corporate Debtor's defense of a pre-existing dispute was unsubstantiated.

## Issues and analysis

### Issue 1: Whether a genuine pre-existing …

**Ratio:** The Hon'ble Supreme Court in Mobilox Innovations Private Limited Vs Kirusa Software

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**Reasoning:** The Corporate Debtor's claim of a pre-existing dispute was based on 'oral' complaints and

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**Interpretation:** A bald assertion of a dispute, particularly raised for the first time in reply

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**Application:** The Adjudicating Authority found that the Corporate Debtor's defense was a

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## Parties

- **Judges:** Reeta K…; Kavita Bha…
- **Appellants:** Epicrop Organics…
- **Respondents:** Cropberry Foods…
- **Other parties:** Kailash…
- **Advocates:** Tirth N…; Kartik Ag…; +1 more

## Timeline

- **2020-08-10 — Incorpor…**: Cropberry Foods Private Limited…
- **2024-04-04 — Invoice Perio…**: Claim relates to invoices for…

## 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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