# In the matter of JHS Svendgaard Laboratories Ltd. vs. HT Media Ltd. I.A. No. 1382 & 1369 of 2023 in Company Appeal (AT) (Insolvency) No. 416 of 2023

> NCLAT judgment dated 2023-04-18. Citation: TCN-2023-NCLAT-00825. JHS Svendgaard Laboratories Ltd. filed an appeal against the order dated 03rd January, 2023,…

- **Court:** NCLAT
- **Order date:** 18 Apr 2023
- **Citation:** TCN-2023-NCLAT-00825
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/jhs-svendgaard-laboratories-ltd-vs-ht-media-ltd-ia-no-1382-1369-of-2023-in-compa-c942918c

## Summary

### Background

JHS Svendgaard Laboratories Ltd. filed an appeal against the order dated 03rd January, 2023, by which the Adjudicating Authority dismissed Section 9 Application of IBC, 2016.

## Facts

The Adjudicating Authority dismissed Section 9 Application of IBC, 2016 filed by the Appellant.

The Adjudicating Authority took the view that email communication between the parties indicated a pre-existing dispute.

The Applicant contended that the extension of the term of the Agreement by 6+6 months given by the Respondent in 2018 has already increased the total term period of the Agreement to 2022-23.

The Respondent denied such an extension and stated that the Agreement was valid only till January, 2022 only.

The Demand Notice was issued by the Applicant on 21.02.2022, whereas all the above referred e-mail communications are of the dates prior to the issuance of the demand notice.

…

## Issues and analysis

### Issue 1: Whether there was a pre-existing dispute between the parties before the issuance of Section 8 …

**Ratio:** The existence of email communications indicating differences in interpretation regarding

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**Reasoning:** The Adjudicating Authority and the Appellate Tribunal both found that the email

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**Interpretation:** The presence of a pre-existing dispute bars the admission of a Section 9

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**Application:** In this case, the email communications prior to the demand notice demonstrated

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** JHS Svendgaard…
- **Respondents:** HT Media…
- **Advocates:** Harsh S…; Anushree Ma…; +4 more

## Timeline

- **2023-01-03 — Order Da…**: Order by the Adjudicating Authority…
- **2022-02-21 — Demand Noti…**: Demand Notice was…

## 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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