# In the matter of Maple Logistics Pvt.  Ltd. IB-153-(ND)-2020

> NCLT judgment dated 2022-04-25. Citation: TCN-2022-NCLT-03104. The case involves an application filed by M/s. VS & B Domestic Container Solutions Pvt. Ltd.…

- **Court:** NCLT
- **Order date:** 25 Apr 2022
- **Citation:** TCN-2022-NCLT-03104
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/maple-logistics-pvt-ltd-ib-153-nd-2020-a0ce57c1

## Summary

### Background

The case involves an application filed by M/s. VS & B Domestic Container Solutions Pvt. Ltd. (Operational Creditor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s. Maple Logistics Pvt. Ltd. (Corporate Debtor). The application pertains to an alleged default in payment of Rs. 50,06,662, which includes principal and interest, arising from a Rental Lease Agreement for marine cargo containers. The Operational Creditor claims that the Corporate Debtor failed to pay outstanding invoices despite repeated reminders and a demand notice. The Corporate Debtor, in its reply, contested the claim, citing a pre-existing dispute regarding deficiency in services and alleging unfair contractual

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## Facts

M/s. VS & B Domestic Container Solutions Pvt. Ltd. (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate CIRP against M/s. Maple Logistics Pvt. Ltd. (Corporate Debtor) for a default of Rs. 50,06,662.45/-. The debt arose from a Rental Lease Agreement dated 1st January 2014, for marine cargo containers. The Operational Creditor claimed that the Corporate Debtor failed to pay outstanding invoices despite repeated reminders sent via email between January 4, 2019, and August 12, 2019, and a demand notice dated 19.10.2019, which was delivered on 24.10.2019. The Corporate Debtor contended that there was a pre-existing dispute due to deficiency in services and that the contractual terms were unfair. They also

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## Issues and analysis

### Issue 1: Whether there exists a pre-existing dispute between the Operational Creditor and the Corporate …

**Ratio:** The existence of a genuine pre-existing dispute is a bar to the admission of an

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**Reasoning:** The Adjudicating Authority considered the Corporate Debtor's claim of a pre-existing

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**Interpretation:** The interpretation of 'pre-existing dispute' requires a careful examination of

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**Application:** In this case, the Adjudicating Authority concluded that the Corporate Debtor's

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## Parties

- **Judges:** SHRI. P.S.N.…; SHRI. RAHUL…
- **Appellants:** M/s. VS & B…
- **Respondents:** M/s. Maple…

## Timeline

- **2014-01-01 — Rental Lease A…**: The Petitioner Company and Respondent Company entered into a Rental Lease Agreement for…
- **2019-01-04 — Reminders via…**: The Petitioner Company had sent consistent reminders through e-mails to the Respondent…

## 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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