The appeal was filed under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) by Khimji Poonja Freight Forwarders Pvt. Ltd. against the order dated 06.12.2023 passed by the Adjudicating Authority (National Company Law Tribunal, Mumbai Bench, Court-VI) in CP(IB) No. 2342/IBC/MB/2018. The Adjudicating Authority had dismissed the Section 9 petition filed by the Appellant seeking to initiate Corporate Insolvency Resolution Proceedings (CIRP) against the Corporate Debtor, M/s Ingram Micro India Pvt. Ltd., on the grounds of a pre-existing dispute.
Khimji Poonja Freight Forwarders Pvt. Ltd. (Appellant) filed an appeal against an order dismissing their Section 9 application to initiate CIRP against Ingram Micro India Pvt. Ltd. (Respondent/Corporate Debtor). The Appellant claimed outstanding dues related to Customs Clearance Agreement (CCA) and Agency Agreement, including unpaid Special Additional Duty (SAD) invoices. The Appellant argued that despite the alleged termination of the Agency Agreement, services continued, and the Respondent benefited. The Respondent contended that the Appellant breached the Agency Agreement, leading to its termination, and CBI investigations against the Appellant's officials constituted a pre-existing dispute. The Adjudicating Authority dismissed the Section 9 application based on the
…Sign in to view the parties.
Appellant and…
Appellant and…
The appeal was filed under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) by Khimji Poonja Freight Forwarders Pvt. Ltd. against the order dated 06.12.2023 passed by the Adjudicating Authority (National Company Law Tribunal, Mumbai Bench, Court-VI) in CP(IB) No. 2342/IBC/MB/2018. The Adjudicating Authority had dismissed the Section 9 petition filed by the Appellant seeking to initiate Corporate Insolvency Resolution Proceedings (CIRP) against the Corporate Debtor, M/s Ingram Micro India Pvt. Ltd., on the grounds of a pre-existing dispute.
Khimji Poonja Freight Forwarders Pvt. Ltd. (Appellant) filed an appeal against an order dismissing their Section 9 application to initiate CIRP against Ingram Micro India Pvt. Ltd. (Respondent/Corporate Debtor). The Appellant claimed outstanding dues related to Customs Clearance Agreement (CCA) and Agency Agreement, including unpaid Special Additional Duty (SAD) invoices. The Appellant argued that despite the alleged termination of the Agency Agreement, services continued, and the Respondent benefited. The Respondent contended that the Appellant breached the Agency Agreement, leading to its termination, and CBI investigations against the Appellant's officials constituted a pre-existing dispute. The Adjudicating Authority dismissed the Section 9 application based on the
…Appellant and…
Appellant and…