# In the matter Mr. Kuldeep Vs. Future Netwings Solutions Pvt. Ltd.,Company Appeal (AT)(Ins.) No. 1325 of 2022

> NCLAT judgment dated 2022-11-10. Citation: TCN-2022-NCLAT-00117. This is an appeal against the order dated 13th July 2022 passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 10 Nov 2022
- **Citation:** TCN-2022-NCLAT-00117
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/in-the-matter-mr-kuldeep-vs-future-netwings-solutions-pvt-ltdcompany-appeal-ab1b7346

## Summary

### Background

This is an appeal against the order dated 13th July 2022 passed by the Adjudicating Authority (National Company Law Tribunal, Kolkata Bench, Kolkata), which dismissed the application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) by the Appellant. The Appellant's claim is based on an agreement with the Corporate Debtor to receive ten percent commission on the sale of goods to M/s. Shapoorji Pallonji & Co. Ltd. The appellant alleges that payments due under the commission were not paid, leading to a notice under Section 8 demanding the amount. The Corporate Debtor issued a notice of dispute denying the claim.

## Facts

Mr. Kuldeep, the Appellant, claimed a commission based on an agreement with Future Netwings Solutions Pvt. Ltd., the Corporate Debtor, for the sale of goods to M/s. Shapoorji Pallonji & Co. Ltd. The Appellant alleged that they were entitled to a ten percent commission on the sale of goods. The Corporate Debtor issued a notice of dispute denying the claim, stating that the Appellant did not secure the contract from Shapoorji Pallonji & Co. Ltd., and they obtained orders from another bidder, Niveshan. The Appellant issued a demand notice under Section 8 of the Code claiming Rs. 1,26,50,000/- as debt due. The Adjudicating Authority dismissed the Section 9 application filed by the Appellant. The Appellant's claim was based on a Memorandum of Understanding dated 1st

…

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority was correct in dismissing the Section 9 application filed by the …

**Ratio:** Under the scheme of the Code, when a Notice of Dispute has been issued and the dispute

…

**Reasoning:** The Adjudicating Authority found that the dispute raised by the Corporate Debtor was a

…

**Interpretation:** The court interpreted the provisions of the IBC regarding the admissibility of

…

**Application:** The ratio and reasoning were applied to the facts of the case, where the

…

## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Kuld…
- **Respondents:** Future Netwings…

## Timeline

- **2018-06-01 — Memorandum of…**: Memorandum of Understanding dated 1st June, 2018 entitling the Appellant to claim…
- **2019-02-20 — Acknowledgement of…**: Acknowledgement issued by email where five percent of the commission was offered to be…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/in-the-matter-mr-kuldeep-vs-future-netwings-solutions-pvt-ltdcompany-appeal-ab1b7346