# In the matter of Container Corporation of India Ltd. (CONCOR) vs. Roadwings International Pvt. Ltd. & Anr.

> NCLAT judgment dated 2023-07-14. Citation: TCN-2023-NCLAT-00371. The case involves an appeal against an order dated 12.07.2023 passed by the Adjudicating…

- **Court:** NCLAT
- **Order date:** 14 Jul 2023
- **Citation:** TCN-2023-NCLAT-00371
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/container-corporation-of-india-ltd-concor-vs-roadwings-international-pvt-ltd-anr-4136956b

## Summary

### Background

The case involves an appeal against an order dated 12.07.2023 passed by the Adjudicating Authority, which admitted a Section 9 application filed by the Respondent. The Appellant, Container Corporation of India Ltd. (CONCOR), is contesting this order. The Respondent's award dated 01.06.2022 is in favor of the respondent and has been challenged by the appellant by filing a Section 34 application in the High Court of Delhi, along with an application for condonation of delay. The appellant argues that the limitation period should start from the date of receiving the minority award dated 11.06.2022, which was received on 14.06.2022. The Respondent argues that the award was communicated on 01.06.2022 by email, making the application time-barred.

## Facts

Container Corporation of India Ltd. (CONCOR) has filed an appeal against an order dated 12.07.2023 passed by the Adjudicating Authority, which admitted a Section 9 application filed by Roadwings International Pvt. Ltd. & Anr. The dispute arises from an award dated 01.06.2022 in favor of Roadwings International Pvt. Ltd., which CONCOR has challenged by filing a Section 34 application in the High Court of Delhi, along with an application for condonation of delay. CONCOR contends that the limitation period should commence from 14.06.2022, the date they received the minority award dated 11.06.2022. Roadwings International Pvt. Ltd. argues that the award was communicated on 01.06.2022 via email, thus the application is time-barred. The High Court is already seized of

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority's order dated 12.07.2023 admitting the Section 9 application …

**Ratio:** The ratio is based on the interpretation of Section 9 of the IBC and the principles of

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**Reasoning:** The court reasoned that the submissions made by the counsel for the appellant made out a

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**Interpretation:** The interpretation involves understanding the scope and applicability of

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**Application:** The ratio and reasoning are applied to the specific facts of the case to

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Respondents:** Container…; Roadwings…
- **Advocates:** Tushar…; Lalit Mohin…; +10 more

## Timeline

- **2022-06-01 — Award Da…**: Award dated 01.06.2022 is in…
- **2022-06-11 — Minority Awa…**: Date of the minority…

## 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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