# In the matter of Leo Creations Pvt. Ltd. vs. ASR Logistics India Pvt. Ltd.

> NCLAT judgment dated 2025-07-21. Citation: TCN-2025-NCLAT-00419. The appeal was filed against the order dated 08.03.2024, which admitted an application under…

- **Court:** NCLAT
- **Order date:** 21 Jul 2025
- **Citation:** TCN-2025-NCLAT-00419
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/leo-creations-pvt-ltd-vs-asr-logistics-india-pvt-ltd-82c5e90d

## Summary

### Background

The appeal was filed against the order dated 08.03.2024, which admitted an application under Section 9 of the Insolvency & Bankruptcy Code, 2016 filed by Respondent No. 1 (ASR Logistics India Pvt. Ltd.) against the Corporate Debtor (Leo Creations Pvt. Ltd.) for the resolution of an amount of Rs. 6,47,780/- along with 18% interest per annum.

## Facts

An application under Section 9 of the Insolvency & Bankruptcy Code, 2016 was filed by ASR Logistics India Pvt. Ltd. against Leo Creations Pvt. Ltd.

The application was for the resolution of an amount of Rs. 6,47,780/- along with 18% interest per annum.

The Operational Creditor claimed that the Corporate Debtor was liable to pay Rs. 13,97,780/- based on 10 invoices.

The Corporate Debtor had already paid Rs. 7,50,000/- out of Rs. 13,97,780/-.

The application was admitted, and Shri Anurag Goel was appointed as the IRP.

The Appellant argued that six invoices were time-barred under Article 137 of the Limitation Act, 1963.

The Appellant also argued that the Learned Tribunal did not consider payments already made by the Corporate Debtor.

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## Issues and analysis

### Issue 1: Whether the Learned Tribunal erred in admitting the application under Section 9 of the Insolvency …

**Ratio:** The Tribunal committed an error in admitting

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**Reasoning:** The Learned Tribunal failed to consider the evidence brought on record by the Appellant

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**Interpretation:** The Tribunal's decision to admit the application was flawed due to the

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**Application:** The appeal was allowed, and the

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## Parties

- **Judges:** Rakesh Kuma…; Mohammad Faiz…; +1 more
- **Respondents:** Leo Creations…; ASR Logistics…
- **Other parties:** Anurag…
- **Advocates:** Akhil Krishan…; Oshin M…; +6 more

## Timeline

- **08.03.2024 — Order Da…**: Order passed by which an application filed under Section 9 of the Insolvency & Bankruptcy…
- **31.10.2018 — Notice D…**: Notice was issued under…

## 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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