# In the matter of Khimji Poonja Freight Forwarders Pvt. Ltd. vs. Ingram Micro India Pvt. Ltd.

> NCLAT judgment dated 2024-03-12. Citation: TCN-2024-NCLAT-00586. The appeal was filed under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) by…

- **Court:** NCLAT
- **Order date:** 12 Mar 2024
- **Citation:** TCN-2024-NCLAT-00586
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/khimji-poonja-freight-forwarders-pvt-ltd-vs-ingram-micro-india-pvt-ltd-e1a3ff5a

## Summary

### Background

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.

## Facts

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

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in dismissing the Section 9 application based on the …

**Ratio:** The ratio is based on the Mobilox Innovations Private Limited Vs. Kirusa Software Private

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**Reasoning:** The NCLAT reasoned that the Adjudicating Authority correctly considered the Agency

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**Interpretation:** The interpretation is that the Adjudicating Authority has a summary

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

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Khimji Poonja…
- **Respondents:** M/s Ingram Micro…
- **Advocates:** Krishnendu…; Mohan Ja…; +4 more

## Timeline

- **2007-11-27 — Customs Clearance…**: Appellant and Respondent entered into a…
- **2009-10-22 — Agency Agr…**: Appellant and Respondent…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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