Ingram Micro India Private Limited (Appellant/Operational Creditor) filed a Section 9 application under the Insolvency and Bankruptcy Code, 2016, against Bathla Teletech Private Limited (Respondent/Corporate Debtor) for an unpaid operational debt of Rs. 5,70,79,189.27/-. The debt arose from the supply of electronic goods, including iPhone 11, iPhone 12, and iPads, between March 3, 2021, and March 16, 2021. The Adjudicating Authority (NCLT) rejected the Section 9 application, concluding that a pre-existing dispute existed between the parties. This appeal challenges the NCLT's order.
Ingram Micro India Private Limited (Appellant) is a distributor of IT and electronic products, including Apple products.
Bathla Teletech Private Limited (Respondent) is a reseller of electronic products, procuring from distributors including the Appellant.
On 30.09.2020, the Respondent issued a stamped balance confirmation acknowledging a balance payable to the Appellant.
On 25.02.2021, the Respondent accepted the Standard Sales Terms and Conditions of Ingram.
Between 03.03.2021 and 16.03.2021, the Appellant supplied various electronic goods, including iPhone 11, iPhone 12, and iPads, to the Respondent via invoices totaling Rs. 7.33 Crores.
Each invoice contained payment terms of 21 to 30 days.
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Respondent issued a stamped balance…
Standard Sales Terms…
Ingram Micro India Private Limited (Appellant/Operational Creditor) filed a Section 9 application under the Insolvency and Bankruptcy Code, 2016, against Bathla Teletech Private Limited (Respondent/Corporate Debtor) for an unpaid operational debt of Rs. 5,70,79,189.27/-. The debt arose from the supply of electronic goods, including iPhone 11, iPhone 12, and iPads, between March 3, 2021, and March 16, 2021. The Adjudicating Authority (NCLT) rejected the Section 9 application, concluding that a pre-existing dispute existed between the parties. This appeal challenges the NCLT's order.
Ingram Micro India Private Limited (Appellant) is a distributor of IT and electronic products, including Apple products.
Bathla Teletech Private Limited (Respondent) is a reseller of electronic products, procuring from distributors including the Appellant.
On 30.09.2020, the Respondent issued a stamped balance confirmation acknowledging a balance payable to the Appellant.
On 25.02.2021, the Respondent accepted the Standard Sales Terms and Conditions of Ingram.
Between 03.03.2021 and 16.03.2021, the Appellant supplied various electronic goods, including iPhone 11, iPhone 12, and iPads, to the Respondent via invoices totaling Rs. 7.33 Crores.
Each invoice contained payment terms of 21 to 30 days.
…Respondent issued a stamped balance…
Standard Sales Terms…