# In the matter of KL ENTERPRISES LLP

> NCLT judgment dated 2025-12-04. Citation: TCN-2025-NCLT-01800. Miracle Carrier & Trading Company filed an application under Section 7 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 4 Dec 2025
- **Citation:** TCN-2025-NCLT-01800
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-mumbai/kl-enterprises-llp-6d700fdd

## Summary

### Background

Miracle Carrier & Trading Company filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016, against KL Enterprises LLP, seeking commencement of Corporate Insolvency Resolution Process (CIRP), appointment of Interim Resolution Professional (IRP), and declaration of moratorium due to a default of Rs. 2,19,82,397/-.

## Facts

The application was filed on 16.07.2025 by Miracle Carrier & Trading Company against KL Enterprises LLP.

The amount claimed in default is Rs. 2,19,82,397/- including interest.

The date of default as stated by the Applicant is 23.05.2025.

The Financial Creditor and the Corporate Debtor entered into a Loan Agreement on 25.09.2024.

The Financial Creditor disbursed Rs. 2,00,00,000/- to the Corporate Debtor in three tranches in September 2024.

The Corporate Debtor failed to repay the loan within 90 days from the date of execution of the Loan Agreement.

The Financial Creditor issued a Demand Notice on 08.05.2025 to the Corporate Debtor.

The Corporate Debtor acknowledged the outstanding liability in an email dated 10.09.2025 and requested an extension of the payment timeline.

…

## Issues and analysis

### Issue 1: Whether the application under Section 7 of the IBC is maintainable despite the Corporate Debtor's …

**Ratio:** For admitting an application under Section 7 of the IBC, it is sufficient to prove that a

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**Reasoning:** The Tribunal relied on the fact that the Corporate Debtor received and utilized the

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**Interpretation:** Even without a stamped or registered document, once disbursement and time-value

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**Application:** The Tribunal found that the Applicant substantiated the disbursement of funds

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## Parties

- **Judges:** SAMEER…; NILESH S…
- **Appellants:** Miracle Carrier &…
- **Respondents:** KL Enterpri…
- **Other parties:** Pradeep Kumar…
- **Advocates:** Mily Gh…; Sweta Tha…; +1 more

## Timeline

- **2024-09-25 — Loan Agre…**: Financial Creditor and Corporate…
- **2024-09-25 — Disburse…**: Rs. 25,00,000/-…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 3(12) — Definitions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-3)

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