The appeal arises from the dismissal of a Section 9 application under the Insolvency and Bankruptcy Code (IBC) by the National Company Law Tribunal (NCLT), Ahmedabad Bench. The appellant, Tirupati Drilling & Mining Services Private Limited, filed the application against the respondent, Sadbhav Engineering Ltd, alleging non-payment of operational debt. The NCLT dismissed the application based on the existence of pre-existing disputes between the parties.
Tirupati Drilling & Mining Services Private Limited (Appellant) provided drilling services to Sadbhav Engineering Limited (Respondent), who was engaged by Uranium Corporation of India Ltd (UCIL). A work order was issued in 2017, initially for one year and later extended until March 31, 2020. The Appellant claimed outstanding dues of ₹4,07,33,246, including principal and interest, and issued a demand notice on December 31, 2021. The Respondent disputed the amount, claiming discrepancies in the invoices and raising concerns about the quality of work. The Respondent had communicated these disputes prior to the demand notice. The NCLT dismissed the Appellant's Section 9 application, citing pre-existing disputes. The Appellant then appealed to the NCLAT.
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Sadbhav Engineering Ltd (CD) issued a Work…
Tirupati Enterprises raised Proforma Invoices…
The appeal arises from the dismissal of a Section 9 application under the Insolvency and Bankruptcy Code (IBC) by the National Company Law Tribunal (NCLT), Ahmedabad Bench. The appellant, Tirupati Drilling & Mining Services Private Limited, filed the application against the respondent, Sadbhav Engineering Ltd, alleging non-payment of operational debt. The NCLT dismissed the application based on the existence of pre-existing disputes between the parties.
Tirupati Drilling & Mining Services Private Limited (Appellant) provided drilling services to Sadbhav Engineering Limited (Respondent), who was engaged by Uranium Corporation of India Ltd (UCIL). A work order was issued in 2017, initially for one year and later extended until March 31, 2020. The Appellant claimed outstanding dues of ₹4,07,33,246, including principal and interest, and issued a demand notice on December 31, 2021. The Respondent disputed the amount, claiming discrepancies in the invoices and raising concerns about the quality of work. The Respondent had communicated these disputes prior to the demand notice. The NCLT dismissed the Appellant's Section 9 application, citing pre-existing disputes. The Appellant then appealed to the NCLAT.
Sadbhav Engineering Ltd (CD) issued a Work…
Tirupati Enterprises raised Proforma Invoices…