# In the matter of AGA Publilcation Limited CP (IB) No. 636-9-HDB-2019

> NCLT judgment dated 2020-06-26. Citation: TCN-2020-NCLT-01110. The case involves a Company Petition (CP(IB)No.636/9/HDB/2019) filed by M/s. M+R Logistics…

- **Court:** NCLT
- **Order date:** 26 Jun 2020
- **Citation:** TCN-2020-NCLT-01110
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/aga-publilcation-limited-cp-ib-no-636-9-hdb-2019-80df8cf2

## Summary

### Background

The case involves a Company Petition (CP(IB)No.636/9/HDB/2019) filed by M/s. M+R Logistics India Pvt. Ltd. (Operational Creditor) against M/s. AGA Publications Ltd (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Operational Creditor claimed that the Corporate Debtor defaulted on payments for freight forwarding and custom clearance services provided. The Corporate Debtor disputed the claim, citing deficiencies in service and raising a counter claim. The matter was initially filed as a winding-up petition before the High Court of Andhra Pradesh and later transferred to the NCLT Hyderabad Bench.

## Facts

M/s. M+R Logistics India Pvt. Ltd. (Operational Creditor), formerly known as M/s. P. L. Shipping and Logistics Ltd., provided freight forwarding and custom clearance services to M/s. AGA Publications Ltd. (Corporate Debtor). The services were provided based on a work order dated 01.01.2010 for clearing sea imports at ICD-Hyderabad. The payment term was 30 days from the date of submitting the bill. The Operational Creditor raised invoices with corresponding bills of lading between February 2010 and May 2010. The Corporate Debtor admitted to paying the invoice via email dated 15.06.2010, promising payment within 10-15 days. A statutory demand notice was issued on 09.12.2010 under Section 434 of the Companies Act of 1956, served on 15.12.2010, but remained unanswered. The

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## Issues and analysis

### Issue 1: Whether there was a pre-existing dispute between the …

**Ratio:** The existence of a genuine dispute between the parties prior to the initiation of

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**Reasoning:** The NCLT considered email correspondence and the Corporate Debtor's counter-affidavit in

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**Interpretation:** The court interpreted the email exchanges and the counter-affidavit as evidence

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**Application:** The NCLT applied the ratio to the facts of the case, finding that the email

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## Parties

- **Judges:** K. Anantha…; BINOD KUMAR…
- **Appellants:** M+R Logistics…
- **Respondents:** AGA Publications…

## Timeline

- **2010-01-01 — Work Ord…**: Corporate Debtor issued work order to Operational Creditor for clearing sea imports at…
- **2010-02-01 — Invoice P…**: Operational Creditor raised invoices with corresponding bills of lading between February…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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