# In the matter of Patel Integrated Logistics Ltd. Vs. Overnite Express Ltd. CA (AT) (Ins) No. 283 of 2020

> NCLAT judgment dated 2021-01-18. Citation: TCN-2021-NCLAT-00408. The case involves an appeal against an Impugned Order dated 24th January 2020, passed by the…

- **Court:** NCLAT
- **Order date:** 18 Jan 2021
- **Citation:** TCN-2021-NCLAT-00408
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/patel-integrated-logistics-ltd-vs-overnite-express-ltd-ca-a4b1952a

## Summary

### Background

The case involves an appeal against an Impugned Order dated 24th January 2020, passed by the Adjudicating Authority (National Company Law Tribunal, New Delhi Bench). The application under Section 9 of the Insolvency and Bankruptcy Code was filed by the Appellant, Patel Integrated Logistics Ltd., as an Operational Creditor. The initial petition, IB-943/2019, filed on the same cause of action, was withdrawn on 22nd July 2019, with the specific submission that all claims had been settled in full satisfaction. Despite this, another petition, (IB)-314(ND)2020, was filed, leading to the Impugned Order.

## Facts

Patel Integrated Logistics Ltd. filed an application under Section 9 of the Insolvency and Bankruptcy Code as an Operational Creditor against Overnite Express Ltd. An earlier petition, IB-943/2019, based on the same cause of action, was withdrawn on 22nd July 2019, with the specific submission that all claims had been settled in full satisfaction. Despite the withdrawal of the initial petition, Patel Integrated Logistics Ltd. filed another petition, (IB)-314(ND)2020. The Adjudicating Authority dismissed the second petition as not maintainable. Overnite Express Ltd. is already undergoing Corporate Insolvency Resolution Process (CIRP) initiated by a Financial Creditor under Section 7 of the Insolvency and Bankruptcy Code. The Appellant claims that no amount was received

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## Issues and analysis

### Issue 1: Whether the second petition, (IB)-314(ND)2020, based on the same cause of action as the withdrawn …

**Ratio:** A petition withdrawn with the explicit submission that all claims had been settled in

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**Reasoning:** The Adjudicating Authority dismissed the second petition because the initial petition was

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**Interpretation:** The principle of res judicata and estoppel applies to prevent the relitigation

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**Application:** The court applied the principle by upholding the dismissal of the second

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## Parties

- **Judges:** A.I.S. C…; V. P. S…
- **Appellants:** Patel Integrated…
- **Respondents:** Overnite Express…
- **Advocates:** Rohan Th…; Iqram S…; +3 more

## Timeline

- **2019-07-22 — Withdrawal of Initial…**: Petition IB-943/2019 was withdrawn with the specific submission that all claims had been…
- **2020-01-24 — Impugned…**: The Adjudicating Authority passed the Impugned Order dismissing the second petition,…

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