# In the matter of Roy Agrovets Private Limited

> NCLT judgment dated 2025-08-08. Citation: TCN-2025-NCLT-01211. Baba Trading, an operational creditor, filed a petition under Section 9 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 8 Aug 2025
- **Citation:** TCN-2025-NCLT-01211
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-kolkata/roy-agrovets-private-limited-e5e4ec2a

## Summary

### Background

Baba Trading, an operational creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Roy Agrovets Private Limited, the corporate debtor, due to unpaid dues for the supply of maize.

## Facts

Baba Trading, an operational creditor, supplied maize to Roy Agrovets Private Limited, the corporate debtor.

The corporate debtor defaulted on payments for the maize supplied between September 2024 and January 2025.

The total amount claimed to be in default by the operational creditor is Rs. 1,01,90,778.75/-.

The date of default is mentioned as 31/01/2025.

The operational creditor issued a demand notice dated April 1, 2025, under section 8 of the Code, which was not replied to by the corporate debtor.

The corporate debtor admitted to the outstanding debt of Rs. 1,01,90,778.75/- but cited financial constraints as the reason for non-payment.

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor under Section 9 of the Insolvency and …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, allows an operational creditor to

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**Reasoning:** The NCLT considered the definitions of 'claim', 'operational creditor', and 'operational

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**Interpretation:** The NCLT interpreted that the supply of maize by the operational creditor to

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**Application:** The NCLT applied the provisions of Section 9 and found that the operational

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## Parties

- **Judges:** Labh S…; Rekha Kantilal…
- **Appellants:** Baba Tr…
- **Respondents:** Roy Agrovets…
- **Other parties:** Neha Ag…
- **Advocates:** Urmila Chak…; Sweta Mo…; +1 more

## Timeline

- **2011-12-22 — Incorporation of…**: Roy Agrovets Private Limited was…
- **2024-09-01 — Supply of…**: Operational Creditor supplied maize to Corporate Debtor from September 2024 to January…

## 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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