# 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-04282. 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-04282
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/quickdel-logistics-private-limited-cp-ib-no67-chd-hry-2018-664c06ed

## Summary

### Background

The case involves an application under Section 9 of the Insolvency & Bankruptcy Code, 2016. The National Company Law Tribunal (NCLT) is considering the matter after the National Company Law Appellate Tribunal (NCLAT) passed an order 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 NCLT's earlier order dated January 7, 2019.

## 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 initially admitted the matter. However, the National Company Law Appellate Tribunal (NCLAT) set aside the NCLT's order dated January 7, 2019, in Company Appeal (AT) (Insolvency) No. 85 of 2019. The NCLAT declared orders related to the appointment of an Interim Resolution Professional and actions taken by them as illegal. The Resolution Professional confirmed that the cost of the CIRP has already been paid/disbursed. Consequently, the NCLT disposed of the application under Section 9, following the NCLAT's directions.

## Issues and analysis

### Issue 1: Whether the application under Section 9 of the Insolvency & Bankruptcy Code, 2016, should be …

**Ratio:** When a higher appellate authority sets aside the order of a lower adjudicating authority,

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**Reasoning:** The NCLAT, being the appellate tribunal, has the power to review and set aside orders

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**Interpretation:** The interpretation of the legal framework dictates that the decisions of

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**Application:** In this case, the NCLAT set aside the NCLT's order admitting the application

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## Parties

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

## Timeline

- **2019-01-07 — Original NCL…**: The National Company Law Tribunal (NCLT), Chandigarh Bench, passed an order which was…
- **2019-02-28 — NCLAT Or…**: The National Company Law Appellate Tribunal (NCLAT), New Delhi, passed an order in…

## 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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