# In the matter of Trozen Sales Corporation Vs. Shashi Distilleries Pvt. Ltd. CA(AT)(Ins)No. 335-2019

> NCLAT judgment dated 2019-10-15. Citation: TCN-2019-NCLAT-00216. The case pertains to Company Appeal (AT) (Insolvency) No. 335 of 2019 before the National…

- **Court:** NCLAT
- **Order date:** 15 Oct 2019
- **Citation:** TCN-2019-NCLAT-00216
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/trozen-sales-corporation-vs-shashi-distilleries-pvt-ltd-ca-a9b0f4df

## Summary

### Background

The case pertains to Company Appeal (AT) (Insolvency) No. 335 of 2019 before the National Company Law Appellate Tribunal (NCLAT), New Delhi. The respondent, Shashi Distilleries Pvt. Ltd., admitted to a claim and prepared a draft from 'State Bank of India' for Rs. 2,50,000/- bearing No. 836976 dated 11th October, 2019, which was handed over to the appellant's counsel for onward payment.

## Facts

Trozen Sales Corporation filed an appeal against Shashi Distilleries Pvt. Ltd. before the NCLAT. The respondent, Shashi Distilleries Pvt. Ltd., admitted to a claim. As part of this claim, the respondent prepared a draft from 'State Bank of India' for Rs. 2,50,000/- bearing No. 836976 dated 11th October, 2019, and handed it over to the appellant's counsel, Mr. Gulshan Kr. Sachdev, for onward payment to the appellant. The NCLAT directed the respondent to pay the remaining amount of Rs. 2,91,068/- to the appellant on or before 7th January, 2020. This suggests that the initial payment of Rs. 2,50,000 was partial and a balance of Rs. 2,91,068 remained outstanding.

## Issues and analysis

### Issue 1: Whether the respondent, Shashi Distilleries Pvt. Ltd., should be directed to pay the remaining …

**Ratio:** When a party admits to a claim and partially fulfills the obligation, the remaining

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**Reasoning:** The court reasoned that since the respondent admitted to the claim and only partially

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**Interpretation:** This legal issue involves the interpretation of contractual obligations and the

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**Application:** The ratio and reasoning are applied to the specific facts of the case, where

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +1 more
- **Appellants:** Trozen Sales…
- **Respondents:** Shashi Distillerie…

## Timeline

- **2019-10-11 — Draft Pre…**: Shashi Distilleries Pvt. Ltd. prepared a draft of 'State Bank of India' for Rs.…
- **2019-10-15 — Submission by…**: Mr. Anand Sanjay, counsel for Shashi Distilleries Pvt. Ltd., submitted the draft to Mr.…

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