The appellant, an operational creditor, filed a Section 9 application against the corporate debtor, West Bengal Agro Textile Corporation Limited. This application was rejected by the National Company Law Tribunal (NCLT), Kolkata, on March 24, 2026, citing a pre-existing dispute. The dispute stemmed from a Title Suit (No. 1683/2023) initiated by the corporate debtor on October 17, 2023, which predated the Section 8 demand notice issued by the appellant on March 26, 2024. The appellant subsequently challenged this NCLT order before the National Company Law Appellate Tribunal (NCLAT).
An appeal was filed against an order dated 24.03.2026 passed by the Adjudicating Authority (NCLT, Division Bench, Court No. I, Kolkata).
The NCLT order rejected a Section 9 application filed by the appellant on the ground of a pre-existing dispute.
The Corporate Debtor (West Bengal Agro Textile Corporation Limited) instituted Title Suit No. 1683/2023 on 17.10.2023.
The Section 8 demand notice was dated 26.03.2024, which was subsequent to the filing of the Title Suit.
The appellant argued that the Title Suit was frivolous and filed solely to avoid Section 9 proceedings.
The appellant claimed that there had been a settlement in the Title Suit.
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Corporate Debtor…
Section 8 deman…
The appellant, an operational creditor, filed a Section 9 application against the corporate debtor, West Bengal Agro Textile Corporation Limited. This application was rejected by the National Company Law Tribunal (NCLT), Kolkata, on March 24, 2026, citing a pre-existing dispute. The dispute stemmed from a Title Suit (No. 1683/2023) initiated by the corporate debtor on October 17, 2023, which predated the Section 8 demand notice issued by the appellant on March 26, 2024. The appellant subsequently challenged this NCLT order before the National Company Law Appellate Tribunal (NCLAT).
An appeal was filed against an order dated 24.03.2026 passed by the Adjudicating Authority (NCLT, Division Bench, Court No. I, Kolkata).
The NCLT order rejected a Section 9 application filed by the appellant on the ground of a pre-existing dispute.
The Corporate Debtor (West Bengal Agro Textile Corporation Limited) instituted Title Suit No. 1683/2023 on 17.10.2023.
The Section 8 demand notice was dated 26.03.2024, which was subsequent to the filing of the Title Suit.
The appellant argued that the Title Suit was frivolous and filed solely to avoid Section 9 proceedings.
The appellant claimed that there had been a settlement in the Title Suit.
…Corporate Debtor…
Section 8 deman…