# In the matter of Dilipkumar Lokooram Arora vs. KTR Management Service Pvt. Ltd. & Anr.

> NCLAT judgment dated 21 Mar 2025. Citation: TCN-2025-NCLAT-00151. This appeal was filed by a Suspended Director of the Corporate Debtor challenging an order…

- **Court:** NCLAT
- **Order date:** 21 Mar 2025
- **Citation:** TCN-2025-NCLAT-00151
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/dilipkumar-lokooram-arora-vs-ktr-management-service-pvt-ltd-anr-37803272

## Summary

### Background

This appeal was filed by a Suspended Director of the Corporate Debtor challenging an order dated November 21, 2024, passed by the Adjudicating Authority (NCLT, Mumbai Bench, Court-II) which admitted a Section 9 application filed by the Operational Creditor.

## Facts

A Facility Agreement was executed on April 1, 2018, between Sahara Hospitality Limited (Corporate Debtor) and KTR Management Services Private Limited (Operational Creditor) for manpower supply. On June 15, 2019, the Corporate Debtor informed the Operational Creditor via email about deficiencies in services. Subsequently, on July 1, 2019, the Operational Creditor issued a legal notice claiming Rs.10,59,78,114/-, which the Corporate Debtor disputed and denied in its reply on August 21, 2019, citing service deficiencies.

…

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in admitting the Section 9 application despite the…

**Ratio:** An application under Section 9 of the IBC cannot be admitted if there is a pre-existing…

**Reasoning:** The NCLAT found that the corporate debtor had consistently communicated deficiencies in…

**Interpretation:** The court interpreted 'pre-existing dispute' to include any dispute raised by…

**Application:** In this case, the corporate debtor's emails, replies to legal notices, and…

## Parties

- **Judges:** Ashok Bh…
- **Advocates:** For the Appellant:…; Sandeep…; +8 more

## Timeline

- **April 1, 2018 — Facility Ag…**: A Facility Agreement was entered into between Sahara Hospitality Limited (Corporate…
- **June 15, 2019 — Deficiency in services…**: Corporate Debtor informed Respondent No.1 via e-mail about various deficiencies in…

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