# In the matter of Shree Gangour Foods (Jaipur) LLP CP No. (IB) 247-9-JPR-2019

> NCLT judgment dated 2022-05-30. Citation: TCN-2022-NCLT-04747. The case involves an application filed by Sangeeta Ajmera Prop. M/s The Manpower, an…

- **Court:** NCLT
- **Order date:** 30 May 2022
- **Citation:** TCN-2022-NCLT-04747
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-jaipur/shree-gangour-foods-jaipur-llp-cp-no-ib-247-9-jpr-2019-842a62fd

## Summary

### Background

The case involves an application filed by Sangeeta Ajmera Prop. M/s The Manpower, an operational creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Shree Gangour Foods (Jaipur) LLP for alleged default on repayment of operational debt amounting to Rs. 12,22,726/-.

## Facts

Sangeeta Ajmera Prop. M/s The Manpower filed an application under Section 9 of the IBC to initiate CIRP against Shree Gangour Foods (Jaipur) LLP.

The alleged default amount is Rs. 12,22,726/-.

The Operational Creditor and Corporate Debtor entered into agreements for manpower supply, dated 16.06.2017 and 06.06.2018.

A demand notice dated 24.07.2019 was sent to the Corporate Debtor for repayment of the unpaid operational debt.

The Corporate Debtor replied to the demand notice on 08.08.2019, denying any liability.

The Corporate Debtor contended that there was a pre-existing dispute and that the amount claimed was not due.

The Operational Creditor submitted that the Corporate Debtor had defaulted on payments and that the dispute was raised only after the demand notice.

…

## Issues and analysis

### Issue 1: Whether the application under …

**Ratio:** The application is maintainable if there is an operational debt exceeding Rs. 1 lakh, the

…

**Reasoning:** The Adjudicating Authority found that the Corporate Debtor had defaulted in payment of

…

**Interpretation:** The existence of a genuine pre-existing dispute is a bar to the admission of an

…

**Application:** In this case, the Adjudicating Authority determined that the Corporate Debtor's

…

## Parties

- **Judges:** Deep Chandr…; Rughu N…
- **Appellants:** Sangeeta Ajmera…; Sangeeta…
- **Respondents:** Shree Gangour…
- **Other parties:** Suresh Ag…
- **Advocates:** Saurabh…; Nivedita R.…

## Timeline

- **2017-06-16 — Agreement…**: The Operational Creditor entered into an agreement with the Corporate Debtor to provide…
- **2018-06-06 — Agreement…**: The parties entered into another…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-jaipur/shree-gangour-foods-jaipur-llp-cp-no-ib-247-9-jpr-2019-842a62fd