# In the matter of Tiger Logistics (India) Ltd. Vs.
Sanjay Gupta Company Appeal (AT) (Ins) No. 582 of 2021

> NCLAT judgment dated 2022-08-10. Citation: TCN-2022-NCLAT-00292. This is an appeal filed under Section 61 of the Insolvency and Bankruptcy Code, 2016, by the…

- **Court:** NCLAT
- **Order date:** 10 Aug 2022
- **Citation:** TCN-2022-NCLAT-00292
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/tiger-logistics-india-ltd-vs-sanjay-gupta-company-appeal-70e20969

## Summary

### Background

This is an appeal filed under Section 61 of the Insolvency and Bankruptcy Code, 2016, by the Appellant/Operational Creditor to set aside an order dated 27.04.2021 passed by the National Company Law Tribunal, Principal Bench, New Delhi (Adjudicating Authority). The Adjudicating Authority dismissed the application filed by the Appellant under Section 9 of the Code, deeming it not maintainable because the Appellant did not meet the threshold limit of default as per the notification dated 24.03.2020 issued under Section 4 of the Code.

## Facts

Tiger Logistics (India) Ltd. filed an application under Section 9 of the Insolvency and Bankruptcy Code (IBC) against Sanjay Gupta. The National Company Law Tribunal (NCLT) dismissed the application because Tiger Logistics did not meet the threshold limit of default as per the notification dated 24.03.2020 issued under Section 4 of the Code. The default claim amount was Rs. 24 lakhs. Tiger Logistics then appealed to the National Company Law Appellate Tribunal (NCLAT). The core issue was whether an application filed under Section 9 of the Code after the cutoff date of 24.03.2020, when the pecuniary jurisdiction was enhanced from Rs.1 lakh to Rs. 1 Crore, can be entertained. The NCLAT considered previous judgments of the Tribunal on the same issue, specifically

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## Issues and analysis

### Issue 1: Whether an application filed under Section 9 of the Code after the cutoff date i.e. 24.03.2020, …

**Ratio:** The threshold limit for entertaining an application under Section 9 of the Code is to be

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**Reasoning:** The court relied on previous judgments of the Tribunal on the same issue, specifically

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**Interpretation:** The interpretation of Section 9 of the Code, in conjunction with the

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**Application:** In this case, the application was filed after the amendment enhancing the

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## Parties

- **Judges:** Rakesh…; Ashok Kumar…
- **Appellants:** Tiger Logistics…
- **Respondents:** Sanjay…

## Timeline

- **2021-04-27 — Order by…**: The National Company Law Tribunal, Principal Bench, New Delhi, passed an order dismissing…
- **2022-08-02 — Appeal Hearing…**: The Appeal was earlier taken up, however, it was adjourned on the request of the Ld…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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