# In the matter of KUTE SONS DAIRYS LIMITED

> NCLT judgment dated 2025-09-15. Citation: TCN-2025-NCLT-01352. Gagandeep Dudh Sankalan Kendra, an operational creditor, filed an application under Section 9…

- **Court:** NCLT
- **Order date:** 15 Sept 2025
- **Citation:** TCN-2025-NCLT-01352
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-mumbai/kute-sons-dairys-limited-6bff6b3f

## Summary

### Background

Gagandeep Dudh Sankalan Kendra, an operational creditor, filed an application under Section 9 of the IBC to initiate CIRP against Kute Sons Dairys Limited, the corporate debtor, due to an outstanding operational debt of Rs. 1,55,84,847/- with a default date of 03.05.2024.

## Facts

The application was filed on 23.11.2024 by Gagandeep Dudh Sankalan Kendra under Section 9 of the IBC.

The amount claimed to be in default is Rs. 1,55,84,847/- and the date of default is 03.05.2024.

The applicant proposed Kunal Jayant Waje as the Interim Resolution Professional (IRP).

The applicant supplied milk to the corporate debtor from August 2019 to January 2024.

The applicant was in possession of 26 post-dated cheques, each amounting to Rs. 5,00,000/-, dated between 15.01.2024 and 26.03.2024, which were dishonored.

The corporate debtor acknowledged the outstanding debt through a letter dated 18.04.2024, promising payment within 15 days.

A demand notice was issued on 23.10.2024 and delivered on 29.10.2024, but the corporate debtor refused to accept it.

…

## Issues and analysis

### Issue 1: Whether the application under Section 9 of the IBC is maintainable despite the corporate debtor's …

**Ratio:** The claim of pre-existing dispute is not credible or genuine if it is vague, illusory, or

…

**Reasoning:** The corporate debtor did not raise any formal dispute prior to the issuance of the demand

…

**Interpretation:** A valid pre-existing dispute must be real and substantial and must exist prior

…

**Application:** The NCLT found that the corporate debtor's objection lacked bona fides and did

…

## Parties

- **Judges:** SAMEER…; NILESH S…
- **Appellants:** Gagandeep Dudh…; Pramod Anandrao…
- **Respondents:** Kute Sons Dairys…
- **Other parties:** Kunal Jayan…; M/S Gagandeep…
- **Advocates:** Yahya Bata…; Arusha…; +3 more

## Timeline

- **2024-11-23 — Application…**: C.P. (IB) No. 161 of 2025 filed by…
- **2024-05-03 — Date of D…**: Date of default as clarified through…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8(2) — 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-mumbai/kute-sons-dairys-limited-6bff6b3f