# In the matter of Amanpreet Singh Bawa Vs. Kandla International Container Terminal Pvt. Ltd. & Ors. CA(AT)(Insolvency) No. 686-2018

> NCLAT judgment dated 2019-05-02. Citation: TCN-2019-NCLAT-00593. The case involves an appeal against the admission of a Corporate Insolvency Resolution…

- **Court:** NCLAT
- **Order date:** 2 May 2019
- **Citation:** TCN-2019-NCLAT-00593
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/amanpreet-singh-bawa-vs-kandla-international-container-terminal-pvt-ltd-ors-ca-006709db

## Summary

### Background

The case involves an appeal against the admission of a Corporate Insolvency Resolution Process (CIRP) application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (I&B Code). The Adjudicating Authority (National Company Law Tribunal), New Delhi Bench, admitted the application against the Corporate Debtor, M/s Satkar Container Lines Pvt. Ltd., based on an application by an Operational Creditor. The order included a moratorium and appointment of an Interim Resolution Professional. The appellant, Amanpreet Singh Bawa, Director and Shareholder of the Corporate Debtor, challenged the order, arguing lack of service of notice and the existence of a dispute regarding the invoice.

## Facts

The Corporate Debtor, M/s Satkar Container Lines Pvt. Ltd., availed services from the Operational Creditor for storage and handling of containers in 2017-18. The Operational Creditor raised invoices, and after adjusting the security deposit, demanded Rs. 24,91,063/- as outstanding dues. The Corporate Debtor failed to clear the dues despite a demand notice. The Operational Creditor filed an application under Section 9 of the I&B Code before the Adjudicating Authority. The Adjudicating Authority admitted the application ex-parte on October 10, 2018, as the Corporate Debtor did not appear in response to the notice. The Appellant, Director and Shareholder of the Corporate Debtor, filed an appeal, arguing that the Corporate Debtor was not properly served with notice and

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor was properly served with notice of the CIRP application under Section …

**Ratio:** Service through email is a legally recognized mode of service. Once it is admitted that

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**Reasoning:** The court reasoned that the Corporate Debtor should have been careful about checking its

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**Interpretation:** This clarifies that email service is valid under I&B Code, and the onus is

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**Application:** Since the notice was sent to the registered email of the Corporate Debtor, the

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## Parties

- **Judges:** Bansi Lal…; Balvinder…
- **Appellants:** Amanpreet Singh…
- **Respondents:** M/s Satkar…; Kandla Internation…
- **Advocates:** Ashim Va…; Vaibhav…; +3 more

## Timeline

- **2017-01-01 — Services A…**: Corporate Debtor availed services from Operational Creditor for storage and handling of…
- **2018-10-10 — CIRP Application…**: Adjudicating Authority admitted the CIRP…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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