# In the matter of Jay Ambe Industries - Prop Rajesh Khemani vs. MIM Petroworld Pvt. Ltd.

> NCLAT judgment dated 2026-04-06. Citation: TCN-2026-NCLAT-00073. The appeal was filed by the appellant against the order dated 08.11.2024 passed by the…

- **Court:** NCLAT
- **Order date:** 6 Apr 2026
- **Citation:** TCN-2026-NCLAT-00073
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/jay-ambe-industries-prop-rajesh-khemani-vs-mim-petroworld-pvt-ltd-1db60dd8

## Summary

### Background

The appeal was filed by the appellant against the order dated 08.11.2024 passed by the National Company Law Tribunal, Ahmedabad Bench, which rejected the appellant's petition under Section 9 of the Insolvency and Bankruptcy Code, 2016.

## Facts

The appellant and the corporate debtor entered into business terms in January 2022.

The appellant supplied goods to the corporate debtor between 13.12.2022 and 18.12.2022, raising invoices amounting to Rs. 17,732,898/-.

The corporate debtor failed to make payments against the invoices, leading to a default.

The appellant issued a notice under Section 8 of the IBC on 17.08.2023, demanding payment of Rs. 17,732,898/- along with interest of Rs. 1,867,637/-.

The corporate debtor replied to the notice on 29.08.2023, raising disputes regarding the quality of the supplied material.

The appellant filed a petition under Section 9 of the IBC, which was dismissed by the Adjudicating Authority.

…

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority was justified in rejecting the Section 9 application based on …

**Ratio:** The existence of a genuine pre-existing dispute can be a valid ground for rejecting a

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**Reasoning:** The Adjudicating Authority relied on the corporate debtor's claim of substandard material

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**Interpretation:** The presence of a pre-existing dispute, if genuine and not a mere attempt to

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**Application:** The appellate tribunal found that the Adjudicating Authority's order was not

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## Parties

- **Judges:** Mohd. Faiz Alam…; Naresh Sa…
- **Appellants:** Jay Ambe Industrie…
- **Respondents:** MIM Petroworld…
- **Other parties:** Jay Ambe Industrie…
- **Advocates:** Sahil…

## Timeline

- **2022-01-01 — Business…**: Appellant and Corporate Debtor…
- **2022-12-13 — Invoice Perio…**: Start date of the period during which the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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