The appeal was filed against the order dated 05.07.2021 passed by the Adjudicating Authority (National Company Law Tribunal, Court No. IV, New Delhi) in Company Petition No. IB-1294/ND/2018, which dismissed the application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC). The Appellant, an operational creditor, filed the application to initiate the Corporate Insolvency Resolution Process (CIRP) against the Respondent, Callina Care Overseas Pvt. Ltd., alleging that there was a default in payment of dues. The Adjudicating Authority dismissed the application on the ground that there were disputes existing between the parties prior to the issuance of the Demand Notice.
Abdos Polymers Limited (Appellant/Operational Creditor) filed an application under Section 9 of the IBC to initiate CIRP against Callina Care Overseas Pvt. Ltd. (Respondent/Corporate Debtor) for a default in payment of Rs. 10,96,184/-. The Appellant claimed that it supplied goods (P.P. Sacks) to the Respondent between November 2015 and December 2015, and the debt fell due on 1st February 2016. The Appellant served a Demand Notice dated 01st November 2017 upon the Respondent under Section 8 of the IBC, claiming Rs. 14,18,462/-. The Adjudicating Authority dismissed the application, holding that there were disputes existing between the parties prior to the issuance of the Demand Notice. The Respondent contended that the goods supplied were defective and there was a delay
…Sign in to view the parties.
Appellant raised invoices upon Respondent…
Debt of Rs. 10,96,184/-…
The appeal was filed against the order dated 05.07.2021 passed by the Adjudicating Authority (National Company Law Tribunal, Court No. IV, New Delhi) in Company Petition No. IB-1294/ND/2018, which dismissed the application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC). The Appellant, an operational creditor, filed the application to initiate the Corporate Insolvency Resolution Process (CIRP) against the Respondent, Callina Care Overseas Pvt. Ltd., alleging that there was a default in payment of dues. The Adjudicating Authority dismissed the application on the ground that there were disputes existing between the parties prior to the issuance of the Demand Notice.
Abdos Polymers Limited (Appellant/Operational Creditor) filed an application under Section 9 of the IBC to initiate CIRP against Callina Care Overseas Pvt. Ltd. (Respondent/Corporate Debtor) for a default in payment of Rs. 10,96,184/-. The Appellant claimed that it supplied goods (P.P. Sacks) to the Respondent between November 2015 and December 2015, and the debt fell due on 1st February 2016. The Appellant served a Demand Notice dated 01st November 2017 upon the Respondent under Section 8 of the IBC, claiming Rs. 14,18,462/-. The Adjudicating Authority dismissed the application, holding that there were disputes existing between the parties prior to the issuance of the Demand Notice. The Respondent contended that the goods supplied were defective and there was a delay
…Appellant raised invoices upon Respondent…
Debt of Rs. 10,96,184/-…