# In the matter of M + R Logistics (India) Private Limited Vs. AGA Publications Limited CA (AT) (Ins) No. 667 of 2020

> NCLAT judgment dated 2021-02-01. Citation: TCN-2021-NCLAT-00385. The case involves an appeal against an order dated June 26, 2020, passed by the National…

- **Court:** NCLAT
- **Order date:** 1 Feb 2021
- **Citation:** TCN-2021-NCLAT-00385
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/m-r-logistics-india-private-limited-vs-aga-publications-limited-ca-87a3d80c

## Summary

### Background

The case involves an appeal against an order dated June 26, 2020, passed by the National Company Law Tribunal (NCLT), Hyderabad Bench, which rejected an application filed by the appellant under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016. The appellant, M/s. M + R Logistics (India) Private Limited, an operational creditor, filed the application against the respondent, M/s AGA Publications Limited, the corporate debtor, for non-payment of dues. The NCLT rejected the application based on the existence of a pre-existing dispute between the parties.

## Facts

M/s. M + R Logistics (India) Private Limited (Appellant), an operational creditor, provided freight forwarding and custom clearance services to M/s AGA Publications Limited (Respondent), a news print limited company. On 01.01.2010, the Respondent issued a contractual order to the Appellant. The Appellant handled consignments for the Respondent from 01.01.2010 to 29.05.2010, raising 14 invoices. The last payment received by the Appellant from the Respondent was on 06.07.2010 for Rs. 1,89,000/-. Failing payment, the Appellant issued a statutory notice on 09.12.2010 under Section 434 of the Companies Act, 1956, for winding up. The Appellant filed a Company Petition (C.P. No. 34 of 2011) before the High Court of Andhra Pradesh. The Respondent filed a Counter Affidavit. The

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## Issues and analysis

### Issue 1: Whether a pre-existing dispute existed between the operational creditor (M/s. M + R Logistics) and …

**Ratio:** The legal principle is that under Section 9 of the IBC, an application for initiation of

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**Reasoning:** The NCLAT reasoned that the Respondent had raised disputes regarding the services

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**Interpretation:** The interpretation of the law is that the existence of a dispute, even if it is

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**Application:** In this case, the NCLAT applied the ratio to the facts by considering the

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## Parties

- **Judges:** Venugop…; Kanthi Na…; +1 more
- **Appellants:** M/s. M + R…
- **Respondents:** M/s AGA Publicatio…
- **Advocates:** E.Ompra…; M. Anba…; +2 more

## Timeline

- **2010-01-01 — Contractual…**: Respondent-Company issued a…
- **2010-01-01 — Consignment H…**: Appellant handled consignment of 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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