Authority: National Company Law Tribunal Kochi Bench (Shri Vinay Goel, Member (Judicial) and Shri Ravichandran Ramasamy, Member (Technical))
Order Date: 13 July 2026
Case Overview
The National Company Law Tribunal (NCLT) Kochi Bench heard an insolvency petition (CP(IBC)/11/KOB/2026) filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC). The petition was filed by Make India Impex through its proprietor Rajesh Tulsidas Nakhua against Reliteaur Foods Pvt Ltd. The petitioner was represented by advocate Devarajan Raman, while the respondent was represented by advocate Dhanesh Desai, both appearing through virtual mode.
At the stage of dictating orders, the Adjudicating Authority identified inconsistencies and lack of synchronization in the pleadings. Specifically, while the petitioners stated the date of default as 02.01.2024, they failed to place on record any agreement between the parties that would establish the terms and conditions leading to the alleged default.
Final Outcome
The Tribunal invoked the proviso to Section 9 of the IBC, giving the petitioners an opportunity to cure the identified defects within seven days from the date of the order. If the petitioners fail to comply, the matter will be decided on merits based on available records. If defects are cured, the respondent retains the right to file a counter or response. The case was de-reserved from being reserved for orders and adjourned to 21 July 2026 for further proceedings.
Topics: Insolvency Proceedings, NCLT Order, Corporate Debt