# In the matter of Ms. Manju Agarwal Vs. M/s. Shree Maru Tradelink Ltd. & Ors.,Company Appeal (AT) (Insolvency) No. 1203 of 2022

> NCLAT judgment dated 2022-12-12. Citation: TCN-2022-NCLAT-00038. This case involves an appeal against an order passed by the National Company Law Tribunal…

- **Court:** NCLAT
- **Order date:** 12 Dec 2022
- **Citation:** TCN-2022-NCLAT-00038
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ms-manju-agarwal-vs-ms-shree-maru-tradelink-ltd-orscompany-appeal-bebf52a0

## Summary

### Background

This case involves an appeal against an order passed by the National Company Law Tribunal (NCLT), Jaipur Bench, which admitted a Section 9 application under the Insolvency and Bankruptcy Code, 2016 (IBC). The operational creditor filed the application claiming unpaid dues from the corporate debtor. The corporate debtor contested the application, asserting that there was a pre-existing dispute regarding the quality of goods supplied and that accounts between the parties had been settled. The NCLT admitted the application, leading the corporate debtor to file an appeal before the National Company Law Appellate Tribunal (NCLAT).

## Facts

The Corporate Debtor was engaged in manufacturing bubble film rolls, woven sack bags, and foam sheets. Transactions occurred between the Corporate Debtor and the Operational Creditor since 2005. The Corporate Debtor issued purchase orders to the Operational Creditor, and payments were made periodically. The last invoice, dated June 2, 2016, amounted to Rs. 4,21,633. The Corporate Debtor did not pay this invoice due to a dispute regarding the quality of the goods. The Operational Creditor sent an email on June 3, 2016, demanding interest up to April 2016, amounting to Rs. 8,170. The Operational Creditor sent a demand notice on April 18, 2019, under Section 8 of the Code, claiming Rs. 10,20,763.84 as principal and Rs. 5,91,118.49 as interest, totaling Rs. 16,11,882.33.

…

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority was correct in admitting the Section 9 application filed by the …

**Ratio:** The existence of a pre-existing dispute, meaning a dispute that existed before the

…

**Reasoning:** The NCLAT reasoned that the Adjudicating Authority failed to properly consider the reply

…

**Interpretation:** The interpretation of Section 9 of the IBC, as clarified by the Supreme Court,

…

**Application:** In this case, the Corporate Debtor's reply notice, along with the Operational

…

## Parties

- **Judges:** Ashok Bh…; Alok Sriv…; +1 more
- **Appellants:** Manju Ag…
- **Respondents:** Agarwal Polysacks…; M/s. Shree Maru…
- **Advocates:** Manish Pa…; Megha Y…; +5 more

## Timeline

- **2005-01-01 — Start of Tran…**: Transactions began between the Corporate…
- **2016-06-02 — Last Inv…**: Last invoice issued by the Operational Creditor…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/ms-manju-agarwal-vs-ms-shree-maru-tradelink-ltd-orscompany-appeal-bebf52a0