# In the matter of Straw Commodities LLP vs. Anram Agro Trading Pvt. Ltd.

> NCLAT judgment dated 2024-12-16. Citation: TCN-2024-NCLAT-00024. The case involves an appeal against an order dated 25.10.2024, where the Appellant's…

- **Court:** NCLAT
- **Order date:** 16 Dec 2024
- **Citation:** TCN-2024-NCLAT-00024
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/straw-commodities-llp-vs-anram-agro-trading-pvt-ltd-8e827743

## Summary

### Background

The case involves an appeal against an order dated 25.10.2024, where the Appellant's application under Section 9 of the Insolvency and Bankruptcy Code, 2016, was dismissed. The Appellant, acting as an Operational Creditor, sought resolution against the Respondent, the Corporate Debtor, for an amount of ₹101,89,178.77. The dispute arose from three sale contracts for the delivery of soya bean, where the Appellant claimed the Respondent failed to deliver goods despite receiving advance payments. The Respondent contended that the Appellant neglected to take delivery of goods due to unfavorable market conditions, leading to a pre-existing dispute.

## Facts

The Appellant, Straw Commodities LLP, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against the Respondent, Anram Agro Trading Pvt. Ltd., seeking resolution of a debt amounting to ₹101,89,178.77. The dispute stemmed from three sale contracts executed between the parties for the supply of soya bean. The Appellant claimed that the Respondent failed to deliver the goods despite receiving advance payments. The Respondent argued that the Appellant neglected to take delivery of the goods due to unfavorable market conditions and that a pre-existing dispute existed between the parties. The first contract (S00128/2021-2022) was for 440 MT of Tanzania Origin Soya Bean, with an extension (Contract 1-A, S00128A) for 228 MT. The second contract

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## Issues and analysis

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

**Ratio:** The existence of a pre-existing dispute, as defined under the Insolvency and Bankruptcy

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**Reasoning:** The court relied on WhatsApp conversations and emails between the parties, which

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**Interpretation:** The interpretation of 'pre-existing dispute' is crucial in determining the

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**Application:** In this case, the court found that the dispute raised by the Corporate Debtor

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## Parties

- **Judges:** Rakesh Kuma…; Naresh Sa…; +1 more
- **Appellants:** Straw Commodities…
- **Respondents:** Anram Agro…

## Timeline

- **2021-04-21 — First Sale C…**: The Appellant and Respondent…
- **2021-11-19 — Second Sale C…**: The Appellant and Respondent…

## 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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