# In the matter of GAC Logistics Pvt. Ltd. Vs. AI Nafees Frozen Foods Exports Pvt. Ltd. CA (AT) Nos. 237 & 238-2018

> NCLAT judgment dated 2018-05-24. Citation: TCN-2018-NCLAT-00262. The case involves two company appeals (237 and 238 of 2018) before the National Company Law…

- **Court:** NCLAT
- **Order date:** 24 May 2018
- **Citation:** TCN-2018-NCLAT-00262
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/gac-logistics-pvt-ltd-vs-ai-nafees-frozen-foods-exports-pvt-ltd-ca-8588f0d1

## Summary

### Background

The case involves two company appeals (237 and 238 of 2018) before the National Company Law Appellate Tribunal (NCLAT), New Delhi. GAC Logistics Pvt. Ltd., the Appellant (Operational Creditor), filed appeals against AI Nafees Frozen Foods Exports Pvt. Ltd., the Respondent. The appeals challenge an order dated 2018-04-05 passed by the Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi, which rejected the Appellant's application under Section 9 of the Insolvency & Bankruptcy Code, 2016 (I&B Code) due to the 'existence of dispute'. The Respondent had disputed the claim through an Advocate's Notice dated 2015-12-12, alleging overcharging.

## Facts

GAC Logistics Pvt. Ltd. (Appellant) filed appeals against AI Nafees Frozen Foods Exports Pvt. Ltd. (Respondent) challenging the rejection of its application under Section 9 of the Insolvency & Bankruptcy Code, 2016. The Adjudicating Authority rejected the application based on the 'existence of dispute'. The Respondent had issued an Advocate's Notice dated 2015-12-12 disputing the claim, alleging overcharging by the Appellant. The notice stated that the Appellant had made false representations and illegally overcharged the Respondent by concealing the correct prices being charged by airlines. The notice also mentioned that the Respondent believed the Appellant had cheated the Respondent and its associated concerns, including M/s Al Nafees Protein Pvt. Ltd., M/s

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority was correct in rejecting the Appellant's application under …

**Ratio:** The ratio is based on the principle that if a genuine dispute exists between the

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**Reasoning:** The court reasoned that the Respondent had issued an Advocate's Notice in December 2015,

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**Interpretation:** The interpretation is that the existence of a genuine and pre-existing dispute,

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**Application:** In this case, the Respondent's Advocate's Notice, which alleged overcharging,

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** GAC Logistics…
- **Respondents:** AI Nafees Frozen…

## Timeline

- **2015-12-12 — Advocate's…**: AI Nafees Frozen Foods Exports Pvt. Ltd. (Respondent) issued an Advocate's Notice to GAC…
- **2018-04-05 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi,…

## 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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