# In the matter of Express Way Truck Terminus Pvt. Ltd. C.P. No. 1350-(MAH)-2017

> NCLT judgment dated 2017-12-19. Citation: TCN-2017-NCLT-00032. The case pertains to a hearing before the Mumbai Bench of the National Company Law Tribunal…

- **Court:** NCLT
- **Order date:** 19 Dec 2017
- **Citation:** TCN-2017-NCLT-00032
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/express-way-truck-terminus-pvt-ltd-cp-no-1350-mah-2017-1c869000

## Summary

### Background

The case pertains to a hearing before the Mumbai Bench of the National Company Law Tribunal (NCLT) concerning a matter under the I & BP Code 2016. Burger King India Pvt. Ltd. is the petitioner, and Express Way Truck Terminus Pvt. Ltd. is the respondent. Demand drafts amounting to Rs.15 lakhs, bearing numbers 683738 and 683739, both dated 02-11-2017, were handed over in the Court to the Learned Counsel of the Petitioner Creditor, against an outstanding debt of Rs.15,83,386/-.

## Facts

Burger King India Pvt. Ltd. filed a petition against Express Way Truck Terminus Pvt. Ltd. before the Mumbai Bench of the National Company Law Tribunal (NCLT). The case was related to an outstanding debt of Rs. 15,83,386/-. Demand drafts totaling Rs. 15 lakhs (bearing numbers 683738 and 683739, both dated 02-11-2017) were presented to the court and handed over to the Learned Counsel of the Petitioner Creditor. The parties confirmed that a major portion of the outstanding debt was settled by payment of these demand drafts. Consequently, the court considered the petition settled and disposed of the matter, consigning it to records. The relevance of the demand drafts lies in their role as a means of settling the debt, leading to the resolution of the petition.

## Issues and analysis

### Issue 1: Whether the presentation and acceptance of demand drafts for a major portion of the outstanding …

**Ratio:** The legal principle applied is that when a significant portion of a debt is settled

…

**Reasoning:** The court reasoned that since a major portion of the outstanding debt was settled by

…

**Interpretation:** This involves interpreting the implications of debt settlement on ongoing legal

…

**Application:** In this specific case, the presentation of demand drafts for Rs. 15 lakhs

…

## Parties

- **Judges:** M.K. Sh…; Bhaskara Pantula…
- **Appellants:** Burger King India…
- **Respondents:** Express Way Truck…

## Timeline

- **2017-11-02 — Demand Drafts…**: Demand Drafts bearing No.683738 and No.683739, both dated 02-11-2017, were issued for…
- **2017-12-19 — Hearing and…**: Hearing of the Mumbai Bench of the National Company Law Tribunal. The petition was…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/express-way-truck-terminus-pvt-ltd-cp-no-1350-mah-2017-1c869000