The case involves an appeal against an order dated 21.09.2020 passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, which dismissed a company petition (C.P. (IB) 388/2018) filed by Crown Tobacco Company Pvt. Ltd. (Operational Creditor) against Crale Foodlinks Pvt. Ltd. (Corporate Debtor). The Appellant, Crown Tobacco Company, claimed outstanding dues from the Respondent, Crale Foodlinks, based on a Business Conducting Agreement (BCA) and subsequent supplemental agreements. The NCLT dismissed the petition, holding that the company petition was not maintainable and liable to be dismissed, primarily due to limitation issues concerning the claims.
Crown Tobacco Company Pvt. Ltd. (Appellant) and Crale Foodlinks Pvt. Ltd. (Respondent No. 1/Corporate Debtor) entered into a Business Conducting Agreement (BCA) on 29.04.2010, followed by two supplemental agreements dated 30.04.2010. The BCA initially had a term of 5 years, later extended by 2 years, expiring on 30.09.2017. The extension included a revision of the monthly Business Conducting Fee. The Appellant possessed licenses for a restaurant, bar, bakery, and eating house at Pioneer House in Bandra, Mumbai. The Appellant claimed that the Respondent failed to pay the monthly conducting fee and utility bills for August and September 2017, as well as municipal assessment taxes from June 2010 to September 2017, totaling Rs. 35,52,022/-. The Appellant sent a demand
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Crown Tobacco Company Pvt. Ltd. and Crale…
Two Supplemental…
The case involves an appeal against an order dated 21.09.2020 passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, which dismissed a company petition (C.P. (IB) 388/2018) filed by Crown Tobacco Company Pvt. Ltd. (Operational Creditor) against Crale Foodlinks Pvt. Ltd. (Corporate Debtor). The Appellant, Crown Tobacco Company, claimed outstanding dues from the Respondent, Crale Foodlinks, based on a Business Conducting Agreement (BCA) and subsequent supplemental agreements. The NCLT dismissed the petition, holding that the company petition was not maintainable and liable to be dismissed, primarily due to limitation issues concerning the claims.
Crown Tobacco Company Pvt. Ltd. (Appellant) and Crale Foodlinks Pvt. Ltd. (Respondent No. 1/Corporate Debtor) entered into a Business Conducting Agreement (BCA) on 29.04.2010, followed by two supplemental agreements dated 30.04.2010. The BCA initially had a term of 5 years, later extended by 2 years, expiring on 30.09.2017. The extension included a revision of the monthly Business Conducting Fee. The Appellant possessed licenses for a restaurant, bar, bakery, and eating house at Pioneer House in Bandra, Mumbai. The Appellant claimed that the Respondent failed to pay the monthly conducting fee and utility bills for August and September 2017, as well as municipal assessment taxes from June 2010 to September 2017, totaling Rs. 35,52,022/-. The Appellant sent a demand
…Crown Tobacco Company Pvt. Ltd. and Crale…
Two Supplemental…