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IN THE NATIONAL COMPANY LAW TRIBUNAL AHMEDABAD COURT -2 ITEM No.304 C.P. (IB)/267(AHM)2024 Proceedings under Section 9 IBC IN THE MATTER OF:

M/s.Annapurna Pet Private Limited e Applicant V/s M/s.Manpasand Beverages Limited e Respondent Order delivered on: 17/08/2026 Coram:

Mrs. Chitra Hankare, Hon’ble Member(J)

Dr. Velamur G Venkata Chalapathy, Hon’ble Member(T)

ORDER This case is fixed for pronouncement of order The order is pronounced in open court vide separate sheet s/;&/fi } Qi DR. V. G. VENKATA CHLLAPATHY CHITRA HANKARE MEMBER (TECHNLCAL) MEMBER (JUDICIAL)

AD/SI/ AP IN THE NATIONAL COMPANY LAW TRIBUNAL AHMEDABAD BENCH, COURT - II (Filed under Section 9 of the Insolvency & Bankruptcy Code, 2016 read with Rule 6 of the Insolvency & Bankruptcy (Application to Adjudicating Authority) Rules, 2016)

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In the Matter of:

M/s. Annapurna Pet Private Limited CIN No.: U25203MH2011PTC218187 Reg. Office at: A-201/202, Rajeshri Accord, Telly Cross Lane, off. S.N Road, Near Station, Andheri (East), Mumbai, Maharashtra-400069 Email Id: info@appet.co.in Applicant/

Operational Creditor V/s.

M/s. Manpasand Beverages Limited CIN No.: L15549GJ2010PLC063283 Regd. Office at 1768 & 1774 Patki - 1, Village Manjusar Tal. Savli, Vadodara, Gujarat, India, 391775 Email Id: info@manpasand.co.in ...Respondent/

Corporate Debtor Order pronounced on ....... 2026 Coram:

MRS. CHITRA HANKARE HON’BLE MEMBER (JUDICIAL)

DR. V. G. VENKATA CHALAPATHY HON’BLE MEMBER (TECHNICAL)

o .

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Present:

For the Applicant : Mr. Rashesh Sanjanwala, Sr. Adv. and Mr.

Rushabh Shah, Adv.

For the Respondent : Mr. Manish Bhatt, Sr. Adv. and Mr. Yash Dadhich, Adv.

JUDGEMENT

1. This Petition has been filed under Section 9 of the Insolvency and Bankruptcy code, 2016 (“IBC”) read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 by M/s. Annapurna Pet Private Limited seeking to initiate Corporate Insolvency Resolution Process against M/s. Manpasand Beverages Limited for having default of an amount of Rs. 4.,40,48,567/- The default had occurred on and from

29.02.20109.

2. The factual backdrop averred by the applicant is as under:

a. The Operational Creditor is manufacturer of "Pet Preform". The Corporate Debtor is manufacturer/dealer of Fruit juice and Cold Drinks. The Operational creditor has supplied the goods in the nature of "Pet Preform” to .

Corporate Debtor since 22.07.2014.

b. The terms of the sales are included on the tax invoice -

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which include among other terms, the credit period and the rate of interest for delayed payment at the rate of 24% per annum which is charged in the present application for default in making the payment of the overdue operational debt.

. Tax Invoices were raised by the Operational Creditor for the sale of goods in the nature of "Pet Preform" to the Corporate Debtor. The debt fell due on the due date as per the credit period of 60 days mentioned in all the Tax Invoices. Therefore, the part of the debt first arising out of the invoice dated 30.3.2019 fell due on 29.05.2019 and thereafter all the invoices raised by the Operational Creditor from 03.04.2019 to 21.05.2023 are fully unpaid and are in default.

. The Corporate Debtor had issued 32 postdated cheques aggregating to Rs. 2,76,67250 in favor of the Applicant towards the overdue operational debt but all these cheques were Dishonored.

. It is submitted that the claim of Operational Creditor for the Principal Amount of Rs. 2,48.23,845 was admitted by the IRP during CIRP of Corporate Debtor CP(IB)

SOL/» gd/ - . Page 3 of 15 L

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503/9/NCLT/2019. The intimation in this regard was received by the Applicant from the IRP though email. Demand Notice in Form-3 dated May 30. 2023 issued to Corporate Debtor. Copy of NeSL Certificate is attached in the petition.

. It is submitted that the Corporate Debtor made part payments towards the outstanding dues, namely, Rs. 25,00,000/- on 11.01.2024, Rs. 10,00,000/- on 15.01.2024, Rs. 2,00,000/- on 1

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