This is an appeal against the order dated 31.07.2023 passed by the National Company Law Tribunal, New Delhi Court-III, which admitted an application bearing IB-1140/ND/2020 filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 by the Operational Creditor against Jay ACE Technologies Limited. The appellant is the manufacturer of car batteries, and the respondent is the distributor in Kuwait.
The appellant, Suresh Khola, is a manufacturer of car batteries. The respondent, Abdulhadi Almailem Trading Company W.L.L., is a distributor of these batteries located in Kuwait. The operational creditor raised a demand notice based on minutes of meetings dated 03.09.2019, where the appellant agreed to replace 10000 DIN batteries and 5200 JIS batteries. The appellant claims that the respondent did not make the payment for the batteries stated to be defective, but the respondent filed an application under Section 9. The respondent stated in an email dated 30.09.2019 that they paid the full amount for the agreed specified batteries except for DIN types. The appellant argues that the demand notice did not specify that the amount in question pertains to 15200 batteries or
…Sign in to view the parties.
Application bearing IB-1140/ND/2020 filed…
Minutes of Meetings dated 03.09.2019 as per…
This is an appeal against the order dated 31.07.2023 passed by the National Company Law Tribunal, New Delhi Court-III, which admitted an application bearing IB-1140/ND/2020 filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 by the Operational Creditor against Jay ACE Technologies Limited. The appellant is the manufacturer of car batteries, and the respondent is the distributor in Kuwait.
The appellant, Suresh Khola, is a manufacturer of car batteries. The respondent, Abdulhadi Almailem Trading Company W.L.L., is a distributor of these batteries located in Kuwait. The operational creditor raised a demand notice based on minutes of meetings dated 03.09.2019, where the appellant agreed to replace 10000 DIN batteries and 5200 JIS batteries. The appellant claims that the respondent did not make the payment for the batteries stated to be defective, but the respondent filed an application under Section 9. The respondent stated in an email dated 30.09.2019 that they paid the full amount for the agreed specified batteries except for DIN types. The appellant argues that the demand notice did not specify that the amount in question pertains to 15200 batteries or
…Application bearing IB-1140/ND/2020 filed…
Minutes of Meetings dated 03.09.2019 as per…