# In the matter of Ambro Asia Private Limited vs. Unox S.P.A & Ors.

> NCLAT judgment dated 2026-01-07. Citation: TCN-2026-NCLAT-00004. The appeal arises from an order dated 18.04.2024 passed by the Adjudicating Authority,…

- **Court:** NCLAT
- **Order date:** 7 Jan 2026
- **Citation:** TCN-2026-NCLAT-00004
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ambro-asia-private-limited-vs-unox-spa-ors-91f48b83

## Summary

### Background

The appeal arises from an order dated 18.04.2024 passed by the Adjudicating Authority, National Company Law Tribunal, New Delhi Bench, admitting a Section 9 application filed by Operational Creditor Unox S.p.A against Corporate Debtor Ambro Asia Pvt. Ltd., initiating CIRP.

## Facts

Unox S.p.A, an Operational Creditor, filed a Section 9 application against Ambro Asia Pvt. Ltd., a Corporate Debtor.

The Adjudicating Authority admitted the Section 9 application, initiating CIRP against Ambro Asia Pvt. Ltd.

Ambro Asia Pvt. Ltd. appealed the Adjudicating Authority's decision, claiming suppression of facts and pre-existing disputes.

An agreement dated 20.02.2017 existed between Ambro Asia S.r.L and Unox S.p.A regarding the sale of ovens.

Ambro Asia Pvt. Ltd. acted as a warehouse and facilitator for the sale of Unox S.p.A's ovens in India.

Six invoices were raised by Unox S.p.A to Ambro Asia Pvt. Ltd. for a total amount of Euro 2,13,584.50.

Part payments were made by Ambro Asia Pvt. Ltd., leaving an outstanding balance of Euro 1,28,204.70.

…

## Issues and analysis

### Issue 1: Whether the relationship between the Operational Creditor and Corporate Debtor was a simple …

**Ratio:** Yes, the relationship was a

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**Reasoning:** Invoices were raised in the name of the Corporate Debtor based on purchase orders

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**Interpretation:** The Adjudicating Authority did not commit any infirmity in holding the

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**Application:** The invoices clearly show that they were drawn in the name of the Corporate

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** M/s. Ambro Asia…
- **Respondents:** Ambro Asia…; M/s. Unox…; +1 more
- **Other parties:** Unox S.…
- **Advocates:** Manoj S…; Abhishek S…; +5 more

## Timeline

- **2017-02-20 — Agreement…**: Agreement between Ambro Asia…
- **2020-07-09 — Demand N…**: Operational Creditor raised a…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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