# In the matter of Yatra Online Limited vs. Ezeego One Travel and Tours Limited Company Appeal (AT) (Ins.) No. 387 of 2023

> NCLAT judgment dated 2023-03-31. Citation: TCN-2023-NCLAT-00645. The appeal challenges the Adjudicating Authority's order dated 17.03.2023, which dismissed an…

- **Court:** NCLAT
- **Order date:** 31 Mar 2023
- **Citation:** TCN-2023-NCLAT-00645
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/yatra-online-limited-vs-ezeego-one-travel-and-tours-limited-company-appeal-5dbc2152

## Summary

### Background

The appeal challenges the Adjudicating Authority's order dated 17.03.2023, which dismissed an application (I.A. No. 1046 of 2022 in CP(IB) No. 180 of 2022) filed under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, for dismissal of a Company Petition filed under Section 9 of the Code. The dismissal was based on the application not being maintainable under Section 10A of the Code. The litigation began with a Demand Notice issued on 30.11.2021 under Section 8 of the Code, claiming a default of INR 2,15,98,83/- with the default date as October 30, 2020. The Appellant argued that the date of default is 30.10.2020, while the Respondent claimed the default occurred in July 2019.

## Facts

Yatra Online Limited (Appellant) initiated proceedings against Ezeego One Travel and Tours Limited (Respondent) for operational debt. A demand notice was issued on 30.11.2021 under Section 8 of the Insolvency and Bankruptcy Code (IBC), claiming a default of INR 2,15,98,83/- with the default date as October 30, 2020. Subsequently, an application under Section 9 of the IBC was filed. The Appellant then filed an application (I.A. No. 1046 of 2022) under Section 10A of the Code for dismissal of the application, arguing that the date of default was 30.10.2020, which falls within the period barred by Section 10A (defaults arising between 25.03.2020 and 24.03.2021). The Respondent contended that the default occurred in July 2019. The Adjudicating Authority accepted the

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in dismissing the application filed under Section 9 of the …

**Ratio:** The Adjudicating Authority's decision was based on the Respondent's claim that the

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**Reasoning:** The court found that the Adjudicating Authority erred in allowing the Respondent to bring

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**Interpretation:** The court interpreted that the Adjudicating Authority should not have relied on

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**Application:** The court applied this reasoning to the specific facts of the case, concluding

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## Parties

- **Judges:** Rakesh Kuma…; Barun M…; +1 more
- **Appellants:** YATRA ONLINE…
- **Respondents:** EZEEGO ONE TRAVEL…; Ezeego One Travel…

## Timeline

- **2020-10-30 — Date of Default…**: The Appellant claimed the date of…
- **2019-07-01 — Date of Default…**: The Respondent claimed the date…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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