# In the matter of Quickdel Logistics Private Limited CP (IB) No.67-Chd-Hry-2018

> NCLT judgment dated 2019-03-28. Citation: TCN-2019-NCLT-04272. The case involves an application under Section 9 of the Insolvency & Bankruptcy Code, 2016. The…

- **Court:** NCLT
- **Order date:** 28 Mar 2019
- **Citation:** TCN-2019-NCLT-04272
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/quickdel-logistics-private-limited-cp-ib-no67-chd-hry-2018-63b35b61

## Summary

### Background

The case involves an application under Section 9 of the Insolvency & Bankruptcy Code, 2016. The National Company Law Tribunal (NCLT), Chandigarh Bench, was hearing the matter. The National Company Law Appellate Tribunal (NCLAT), New Delhi, had passed an order on 28.02.2019 in Company Appeal (AT) (Insolvency) No.85 of 2019, titled Anand Rai Vs. Walsons Services Pvt. Ltd. & Anr. The NCLAT's order set aside the impugned order dated 7th January, 2019, passed by the NCLT.

## Facts

Walsons Services Private Limited filed an application as an Operational Creditor against Quickdel Logistics Private Limited, the Corporate Debtor, under Section 9 of the Insolvency & Bankruptcy Code, 2016. The NCLT admitted the matter. However, the National Company Law Appellate Tribunal (NCLAT) set aside the NCLT's order dated 7th January, 2019, in Company Appeal (AT) (Insolvency) No.85 of 2019, titled Anand Rai Vs. Walsons Services Pvt. Ltd. & Anr. As a result, the application under Section 9 filed by the Operational Creditor was disposed of as withdrawn. The NCLT was informed that the cost of the CIRP had already been paid/disbursed. Consequently, the NCLT disposed of the petition, releasing the Corporate Debtor from all the rigour of law.

## Issues and analysis

### Issue 1: Whether the order(s) passed by the Adjudicating Authority appointing any ‘Interim Resolution …

**Ratio:** The legal principle is that if the underlying order is set aside by a higher appellate

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**Reasoning:** The court reasoned that since the NCLAT had set aside the initial order of the NCLT, all

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**Interpretation:** This interprets that any action taken based on a flawed or overturned order is

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**Application:** In this case, because the NCLAT set aside the NCLT's order, all actions taken

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## Parties

- **Judges:** M.K. Sh…; Pradeep R.…
- **Appellants:** Anand…
- **Respondents:** Quickdel Logistics…; Walsons Services…

## Timeline

- **2019-01-07 — Impugned…**: The National Company Law Tribunal (NCLT) passed an order which was later set aside by the…
- **2019-02-28 — NCLAT Or…**: The National Company Law Appellate Tribunal (NCLAT) passed an order in Company Appeal…

## 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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