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2025 Supreme(Online)(NCLT) 5681

NATIONAL COMPANY LAW TRIBUNAL
Mohan P. Tiwari, J, Sanjeev Sharma, T
Diptab Ventures Pvt Ltd – Appellant
Versus
OSSL Agri Logistics Pvt Ltd – Respondent


Advocates:
For the Applicant: Mr. Jerry Lopez, Adv
For the Respondent: Mr. Sanjeev Chaudhary, Adv., Shubham Budhiraja, Adv.

ORDER

1. This is an application filed by DIPTAB VENTURES PRIVATE LIMITED under Section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as “IBC, 2016”) read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, on 16.10.2024, for initiation of Corporate Insolvency Resolution Process (CIRP) against the Respondent/Corporate Debtor, OSSL AGRI LOGISTICS PRIVATE LIMITED, appointment of Insolvency Resolution Professional, and declaring the moratorium for having defaulted payment of its outstanding dues Rs. 3,32,01,821/- (Rupees Three Crores Thirty-Two Lakhs One Thousand Eight Hundred and Twenty-One Only).

2. The Applicant submitted that the present petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the “IBC”) is fully maintainable in law and on facts, as the Corporate Debtor has failed to discharge its admitted and undisputed liability towards the Operational Creditor despite repeated demands and statutory notice.

3. The Corporate Debtor engaged the Operational Creditor for availing the above mentioned services of the Operational Creditor in 2022, assuring timely payment. Rely

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