# In the matter of Drive India Enterprise Solutions Ltd. vs. BGM Telecommunications Pvt. Ltd.

> NCLAT judgment dated 2025-05-29. Citation: TCN-2025-NCLAT-00365. Two appeals were filed: one by the Operational Creditor (Drive India Enterprise Solutions…

- **Court:** NCLAT
- **Order date:** 29 May 2025
- **Citation:** TCN-2025-NCLAT-00365
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/drive-india-enterprise-solutions-ltd-vs-bgm-telecommunications-pvt-ltd-61a2c19d

## Summary

### Background

Two appeals were filed: one by the Operational Creditor (Drive India Enterprise Solutions Ltd.) against the dismissal of its Section 9 application, and the other by the Corporate Debtor (BGM Telecommunications Pvt. Ltd.) against the dismissal of its application for punitive proceedings against the Operational Creditor.

## Facts

Drive India Enterprise Solutions Ltd. filed an application under Section 9 of the IBC for the resolution of an amount of Rs. 35,57,89,682/-.

The amount claimed includes a principal amount of Rs. 23,19,42,081/- and interest of Rs. 13,69,05,456/- calculated at 18% p.a.

The claim pertains to unpaid amounts from August 2017 to August 2020.

The Operational Creditor delivered telecommunication devices of Semi Knocked Down (SKD) state and batteries to the Corporate Debtor under a High Sea Sale Agreement (HSS Agreement).

The Tribunal dismissed the Section 9 application based on the fact that the same appellant had filed similar applications against other Corporate Debtors which were also dismissed.

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## Issues and analysis

### Issue 1: Whether the Tribunal was justified in dismissing the Section 9 application based on the dismissal …

**Ratio:** The Tribunal should have considered the facts of the present case independently and not

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**Reasoning:** The cases against different Corporate Debtors had no nexus with the facts of the present

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**Interpretation:** Section 9 applications must be decided on their own merits, considering the

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**Application:** The Appellate Tribunal set aside the impugned order and remanded the matter

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## Parties

- **Judges:** Rakesh Kuma…; Naresh Sa…; +1 more
- **Respondents:** BGM Telecommunicat…; Drive India…
- **Other parties:** Drive India…
- **Advocates:** Jitender Ch…; Shilpa C…; +5 more

## Timeline

- **2023-10-18 — Impugned Ord…**: Date of the impugned order by which the application filed under Section 9 of the IBC,…
- **2025-05-29 — Order Da…**: Date of the order passed by the National Company Law Appellate Tribunal setting aside the…

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