# In the matter of Phanindhar Chivukula Vs Ceva Logistics India Pvt Ltd

> NCLAT judgment dated 2024-03-07. Citation: TCN-2024-NCLAT-00589. The case is an appeal against the admission of an application by the Adjudicating Authority.…

- **Court:** NCLAT
- **Order date:** 7 Mar 2024
- **Citation:** TCN-2024-NCLAT-00589
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/phanindhar-chivukula-vs-ceva-logistics-india-pvt-ltd-a1cb34cd

## Summary

### Background

The case is an appeal against the admission of an application by the Adjudicating Authority. The appellant argues that there was no privity of contract between the Operational Creditor and the Corporate Debtor, and that no operational debt existed. The Adjudicating Authority is alleged to have erroneously admitted the application.

## Facts

Phanindhar Chivukula, the Suspended Director of Sapura Engineering & Constructions (India) Pvt. Ltd., has filed an appeal against CEVA Logistics India Pvt. Ltd. & Anr. The appellant contends that there was no privity of contract between the Operational Creditor and the Corporate Debtor, and that no operational debt existed. The Adjudicating Authority is alleged to have erroneously admitted the application. The court has issued a notice to the respondent and scheduled the appeal for further hearing.

## Issues and analysis

### Issue 1: Whether there was privity of contract between the …

**Ratio:** The principle of privity of contract dictates that only parties to a contract can enforce

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**Reasoning:** The court acknowledges the appellant's argument that no privity of contract existed. This

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**Interpretation:** The interpretation of 'privity of contract' in the context of insolvency

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**Application:** If the court finds that no privity of contract existed, it could rule that the

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Phanindhar…
- **Respondents:** Sapura Engineering…; CEVA Logistics…

## Timeline

- **2024-03-07 — Court He…**: Learned counsel for the Appellant submits that there was no privity of contact between…
- **2024-04-29 — Next Hearin…**: Appeal listed for…

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