Miss Lucy
← All judgments

Cytech Coatings Pvt. Ltd vs G.R. Polyfilms Pvt. Ltd

National Company Law Appellate Tribunal20 August 2018

Ratio decidendi

The rule this decision rests on

Where the operational creditor's Section 9 application is shown, from the parties' own pre-demand-notice correspondence, to have been met by a prior objection on the quality of the goods supplied and an expressed inability to pay on that account, a dispute existed before the demand notice was issued; the Adjudicating Authority was therefore right to hold that the application under Section 9 of the Insolvency and Bankruptcy Code, 2016 was not maintainable on account of a pre-existing dispute.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALNEW DELHICompany Appeal (AT) (Insolvency) No. 420 of 2018IN THE MATTER OF:

Cytech Coatings Pvt. Ltd. ...Appellant

Versus

G.R. Polyfilms Pvt. Ltd. ...Respondent

Present: For Appellant : Mr. Abhigya, Advocate

For Respondent: Mr. Sandeep Bajaj and Ms. Aakanksha Nehra, Advocates

ORDER

20.08.2018 The appellant (Operational Creditor) filed an application

under Section 9 of the Insolvency and Bankruptcy Code, 2016 which has been

rejected by the impugned order dated 15th June, 2018.

Learned counsel appearing on behalf of the appellant submits that there

was no pre-existence of dispute and whatever dispute was there has been settled.

Learned counsel appearing on behalf of the respondent referred to the

e-mails to suggest that there is an existence of dispute which was the reason for

rejecting the application.

From the record, we find that the Demand Notice under Section 8(1) of the

I&B Code was issued by the appellant on 24th November, 2017, but much prior

to the same by email dated 1st July, 2016, the 'Operational Creditor' admitted

the fact that it was charging the excess rates. By e-mail dated 20th August, 2

2016 the 'Corporate Debtor' intimated that full stock was of sub-standard

quality. Another e-mail dated 17th December, 2016 issued by the 'Corporate

Debtor' shows that the 'Corporate Debtor' has expressed its inability to pay in

view of sub-standard goods. In view of the aforesaid admitted position, we hold

that the Adjudicating Authority has rightly held that the application under

Section 9 was not maintainable on account of pre-existence of dispute.

In absence of any merit the appeal is dismissed. No cost.

[Justice S.J. Mukhopadhaya] Chairperson

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

ns/uk

Company Appeal (AT) (Insolvency) No. 420 of 2018

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free