# In the matter of Anoop Kumar Chhawchharia Vs. Emgreen Impex Limited Company Appeal(AT)(Insolvency) No. 350 of 2021

> NCLAT judgment dated 2021-07-26. Citation: TCN-2021-NCLAT-00165. This is an appeal filed by Anoop Kumar Chhawchharia, Director & Shareholder of ANR…

- **Court:** NCLAT
- **Order date:** 26 Jul 2021
- **Citation:** TCN-2021-NCLAT-00165
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/anoop-kumar-chhawchharia-vs-emgreen-impex-limited-company-appeal-334fe84b

## Summary

### Background

This is an appeal filed by Anoop Kumar Chhawchharia, Director & Shareholder of ANR International Pvt. Ltd. (Corporate Debtor), under Section 61 of the Insolvency and Bankruptcy Code, 2016, against the order dated 19.04.2021 passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi Bench – VI in CP(IB) No.1623/ND/2019. The Adjudicating Authority initiated Corporate Insolvency Resolution Process (CIRP) based on the observation that the Operational Creditor had elaborately explained the faulty procedure followed by the Corporate Debtor in sending invoices to a different company address, lack of proof of delivery, sending material on a single day which is humanly impossible, using cranes instead of trucks, and offences committed by the Corporate

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## Facts

Anoop Kumar Chhawchharia, Director & Shareholder of ANR International Pvt. Ltd., filed an appeal against the order of the Adjudicating Authority (NCLT), New Delhi, which initiated Corporate Insolvency Resolution Process (CIRP) against ANR International Pvt. Ltd. The Operational Creditor claimed that the Corporate Debtor followed a faulty procedure in sending invoices to a different company address, lacked proof of delivery, sent material on a single day which is humanly impossible, used cranes instead of trucks, and committed offences under the CGST Act. The Corporate Debtor argued that it is a profit-making and solvent company with a net worth of Rs.72 Crores and a turnover of Rs.400 Crores, and that a valid pre-existing dispute exists. The Corporate Debtor also

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority was correct in …

**Ratio:** The Insolvency and Bankruptcy Code, 2016, aims for timely resolution of insolvency and

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**Reasoning:** The Appellate Tribunal found that the Corporate Debtor needs CIRP and that the

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**Interpretation:** The Code allows for the initiation of CIRP when a corporate debtor defaults on

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**Application:** In this case, the Appellate Tribunal upheld the Adjudicating Authority's

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## Parties

- **Judges:** Jarat Kuma…; Ashok Kumar…
- **Appellants:** Anoop Kumar…
- **Respondents:** ANR International…; M/s.Emgreen Impex…

## Timeline

- **2021-04-19 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), New Delhi Bench – VI passed…
- **2021-07-26 — Appellate Tribu…**: The Appellate Tribunal dismissed the appeal filed by Anoop Kumar Chhawchharia, upholding…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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