# Tata Steel Ltd vs. Hi-Esteem Auto Komponents Pvt Ltd

> NCLT judgment dated 30 Oct 2025. Citation: TCN-2025-NCLT-01549. The petition was filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, read with…

- **Court:** NCLT
- **Order date:** 30 Oct 2025
- **Citation:** TCN-2025-NCLT-01549
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-kolkata/tata-steel-ltd-vs-hi-esteem-auto-komponents-pvt-ltd-5b12b46e

## Summary

### Background

The petition was filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, by Tata Steel Limited against Hi-Esteem Auto Komponents Private Limited for initiating the Corporate Insolvency Resolution Process (CIRP). The Operational Creditor (Tata Steel) claimed that the Corporate Debtor (Hi-Esteem Auto Komponents) defaulted on payments for the supply of steel.

## Facts

Tata Steel Limited filed a petition under Section 9 of the IBC, 2016 against Hi-Esteem Auto Komponents Private Limited.

The petition was for initiating Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor.

The operational debt claimed was Rs.2,01,64,219.73 along with interest.

The date of default was stated as 21.02.2024.

The CD and OC entered into two purchase orders dated 20.07.2023 and 14.12.2023 for the supply of steel.

A meeting was held on 27 June 2023, where the Corporate Debtor undertook to make payments of INR 2,78,74,669/-.

INR 27,00,067.14 was received in an ad hoc manner from the CD, and another sum of INR 50,10,382.86 was adjusted by credit notes.

…

## Issues and analysis

### Issue 1: Whether a pre-existing dispute …

**Ratio:** A dispute must exist before the issuance of the demand notice and must be supported by

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**Reasoning:** The Tribunal noted that the CD claimed a pre-existing dispute based on defective goods

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**Interpretation:** The Tribunal interpreted the evidence to mean that the CD did not have a

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**Application:** The Tribunal applied the principle that a pre-existing dispute must be both

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## Parties

- **Judges:** SANJIV…; Venkataraman…
- **Appellants:** TATA STEE…
- **Respondents:** Hi-Esteem Auto…
- **Other parties:** Insolvency and…; Corporate…; +4 more

## Timeline

- **2023-07-20 — Purchase Ord…**: One of the purchase…
- **2023-12-14 — Purchase Ord…**: Another purchase order…

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