# Lokesh Santoshji Agarwal vs Arpana W Flour Mills Private Limited

> NCLT judgment dated 6 May 2026. Citation: TCN-2026-NCLT-00480. Lokesh Santoshji Agarwal, an Operational Creditor, filed an application under Section 9 of the…

- **Court:** NCLT
- **Order date:** 6 May 2026
- **Citation:** TCN-2026-NCLT-00480
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-kolkata/lokesh-santoshji-agarwal-vs-arpana-w-flour-mills-private-limited-j8fpv

## Summary

### Background

Lokesh Santoshji Agarwal, an Operational Creditor, filed an application under Section 9 of the IBC, 2016, against Arpana W Flour Mills Private Limited, the Corporate Debtor, to initiate Corporate Insolvency Resolution Process (CIRP). The application stemmed from an unpaid operational debt of Rs. 2,03,77,512/- for grains supplied since FY 2017-2018. The Corporate Debtor, a proprietorship firm converted into a Private Limited Company on 23.07.2020, failed to clear the outstanding dues. The date of default was deemed 21.06.2021. A legal notice was sent on 21.04.2024, to which the Corporate Debtor replied on 03.06.2024, acknowledging the debt and extending the limitation period. A subsequent Demand Notice was sent on 21.01.2025.

## Facts

Lokesh Santoshji Agarwal (Operational Creditor/Applicant) filed an application bearing C.P. (IB) No.615/MB/2025 under Section 9 of the IBC, 2016.

The application seeks to initiate Corporate Insolvency Resolution Process (CIRP) against Arpana W Flour Mills Private Limited (Corporate Debtor).

The Corporate Debtor is engaged in the business of flour mills, and the Applicant is a proprietorship firm supplying grains.

The total operational debt claimed to be in default by the Operational Creditor is Rs. 2,03,77,512/-.

The date of default is identified as 21.06.2021.

The Operational Creditor and Corporate Debtor had a business relationship for supply of wheat (agri-commodity products) since FY 2017-2018.

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## Issues and analysis

### Issue 1: Whether the application for initiating Corporate Insolvency Resolution Process (CIRP) under Section …

**Ratio:** An application under Section 9 of IBC, 2016, is maintainable if there is an operational

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**Reasoning:** The Tribunal found that Lokesh Santoshji Agarwal, the Operational Creditor, provided

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**Interpretation:** The legal framework of IBC Section 9 requires the presence of an undisputed

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**Application:** All pre-requisites of Section 9 of the Code were fulfilled by the Applicant,

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## Parties

- **Judges:** NILESH S…; SAMEER…
- **Appellants:** Lokesh Santoshji…
- **Respondents:** Arpana W Flour…
- **Other parties:** Insolvency and…; Corporate…; +8 more

## Timeline

- **2020-07-23 — Corporate Debtor converted to Private Limited…**: Arpana W Flour Mills Private Limited was…
- **2021-06-21 — Date of D…**: The date of default is deemed as…

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