# In the matter of Rajendra Bisht vs. Satkar Logistics Pvt. Ltd. & Ors.

> NCLAT judgment dated 2025-03-11. Citation: TCN-2025-NCLAT-00168. This appeal was filed by the erstwhile promoter and director of M/s Ambassador Logistics Pvt.…

- **Court:** NCLAT
- **Order date:** 11 Mar 2025
- **Citation:** TCN-2025-NCLAT-00168
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/rajendra-bisht-vs-satkar-logistics-pvt-ltd-ors-25d8062f

## Summary

### Background

This appeal was filed by the erstwhile promoter and director of M/s Ambassador Logistics Pvt. Ltd., Rajendra Bisht, challenging the order dated 11.02.2022 passed by the National Company Law Tribunal (NCLT), New Delhi, in C.P.(IB) No. 1924/ND/2019. The NCLT had admitted the Corporate Debtor into Corporate Insolvency Resolution Process (CIRP) based on an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) by M/s Satkar Logistics Pvt. Ltd., the Operational Creditor. The Operational Creditor claimed an operational debt of Rs. 6,66,667/- along with interest at 24% per annum from 19.10.2016. The Operational Creditor had provided management/logistics services to the Corporate Debtor, raising invoices over time. The parties maintained a running

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## Facts

M/s Ambassador Logistics Pvt. Ltd. (Corporate Debtor), through its erstwhile promoter and director Rajendra Bisht, filed an appeal against an order by the NCLT, New Delhi, which initiated CIRP against the company based on an application by M/s Satkar Logistics Pvt. Ltd. (Operational Creditor). The Operational Creditor claimed an outstanding operational debt of Rs. 6,66,667/- with 24% interest from 19.10.2016, for logistics services provided. The Corporate Debtor argued that a pre-existing dispute existed and that the claim was barred by limitation. The Operational Creditor issued a Section 8 notice on 27.02.2019, which the Corporate Debtor replied to on 07.03.2019. The NCLT admitted the application, finding it within the limitation period. The Corporate Debtor argued

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## Issues and analysis

### Issue 1: Whether a pre-existing dispute existed between the Corporate Debtor and the Operational Creditor …

**Ratio:** The existence of a 'pre-existing dispute' is determined by whether a dispute was raised

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**Reasoning:** The NCLAT reasoned that the email exchanges between the parties, particularly the email

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**Interpretation:** The term 'pre-existing dispute' is interpreted to mean a dispute that is raised

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**Application:** In this case, the NCLAT applied the ratio by examining the email exchanges and

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## Parties

- **Judges:** Yogesh K…; Ajai Das Me…
- **Appellants:** Rajendra…
- **Respondents:** M/s Ambassador…; M/s Satkar…

## Timeline

- **2016-10-19 — Last Payment by…**: The Corporate Debtor made the last…
- **2019-02-27 — Section 8 Noti…**: The Operational Creditor issued a notice under Section 8 of the IBC, 2016 to 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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