Continental Carriers Pvt. Ltd vs Camson Agri-Ventures Pvt. Ltd

Continental Carriers Pvt. Ltd. ...Appellant

Vs.

Camson Agri-Ventures Pvt. Ltd. ...Respondent

Present: For Appellant: - Mr. Adhish Sharma and Mr. Neeraj Malik, Advocates.

O R D E R

16.05.2019─ The Appellant filed an application under Section 9 of

the Insolvency and Bankruptcy Code, 2016 ("I&B Code" for short) for

initiation of 'Corporate Insolvency Resolution Process' against 'M/s.

Camson Agri Ventures Private Limited'- ('Corporate Debtor'). The

Adjudicating Authority (National Company Law Tribunal), Bengaluru

Bench, on hearing the counsel for the parties, by impugned order dated

12th April, 2019 rejected the application on the ground of 'existence of

dispute'.

2. On hearing learned counsel for the Appellant and on perusal of the

record, we find that Demand Notice under Section 8(1) of the 'I&B Code'

was issued by the Appellant on 30th October, 2017. Much prior to

issuance of demand notice by e-mail dated 6th March, 2017, the

Contd/-..............

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'Corporate Debtor' raised dispute about insufficient services in sending

the goods on time.

3. Admittedly, the Appellant is a transport carrier which provides

services and not the goods. There being a dispute about providing proper

services, we hold that the application under Section 9 was not

maintainable.

4. In absence of any merit, the appeal is dismissed. No costs.

(Justice S.J. Mukhopadhaya) Chairperson

(Justice A.I.S. Cheema) Member(Judicial)

(Kanthi Narahari) Member(Technical) Ar/g

Company Appeal (AT) (Insolvency) No. 523 of 2019