# Mukeshkumar Shah vs. Synergy Food and Agro Processors Pvt Ltd

> NCLT judgment dated 13 Oct 2025. Citation: TCN-2025-NCLT-01474. The operational creditor, Mr. Mukeshkumar Shah Proprietor of M/s Radhey Traders, filed an…

- **Court:** NCLT
- **Order date:** 13 Oct 2025
- **Citation:** TCN-2025-NCLT-01474
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-kolkata/mukeshkumar-shah-vs-synergy-food-and-agro-processors-pvt-ltd-55599658

## Summary

### Background

The operational creditor, Mr. Mukeshkumar Shah Proprietor of M/s Radhey Traders, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) against the corporate debtor, Synergy Food and Agro Processors Private Limited, to initiate the Corporate Insolvency Process. The application was based on a default of Rs. 1,03,01,385/- along with interest of Rs. 3,46,076/- at a rate of 24%.

## Facts

Mr. Mukeshkumar Shah, Proprietor of M/s Radhey Traders, filed an application under Section 9 of the IBC against Synergy Food and Agro Processors Private Limited.

The application was for a default of Rs. 1,03,01,385/- along with interest of Rs. 3,46,076/- at 24%.

The applicant supplied wheat to the corporate debtor on a regular basis.

The corporate debtor made partial payments but failed to pay outstanding dues for invoices raised from 30.07.2024 to 10.08.2024.

The applicant sent a Form 3 Demand Notice dated 26.09.2024 for Rs. 1,06,47,461/- including interests.

The corporate debtor replied to the notice, admitting the debt and seeking time to repay due to financial difficulties.

The invoices placed on record contain a stipulation regarding levy of interest in case of default.

…

## Issues and analysis

### Issue 1: Whether the Corporate Debtor …

**Ratio:** Section 4 and Section 9(5) of the

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**Reasoning:** The Corporate Debtor admitted the debt and failed to provide evidence of repayment or

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**Interpretation:** The invoices contained a stipulation regarding levy of interest in case of

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**Application:** The Corporate Debtor defaulted in payment of the admitted operational debt,

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## Parties

- **Judges:** Chitra Ha…; Velamur G Venkata…
- **Appellants:** Mukeshkumar Shah…
- **Respondents:** Synergy Food and…; Synergy Food and…
- **Other parties:** Insolvency and…; Corporate…; +3 more

## Timeline

- **2024-07-30 — Invoice…**: First invoice date…
- **2024-09-26 — Demand N…**: Applicant sent Form 3 Demand…

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