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Khanna Lubricants vs Gulf Petronergy Pvt. Ltd

National Company Law Appellate Tribunal15 April 2019

Ratio decidendi

The rule this decision rests on

A creditor is entitled to assign its debt to another person, but a debtor cannot assign a debt payable by it to a third party in the absence of any statutory or contractual provision permitting the assignment of a debtor's debt. Where a pre-existing dispute exists between the parties, an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 is not maintainable, and the Adjudicating Authority's dismissal of such an application will not be interfered with.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHICompany Appeal (AT) (Insolvency) No. 251 of 2018IN THE MATTER OF:

M/s. Khanna Lubricants ...Appellant

Vs.

M/s. Gulf Petronergy Pvt. Ltd. & Anr. ...Respondents

Present: For Appellant: - Mr. Sumesh Dhawan, Ms. Ankita Bajpai, Advocates.

Mr. Dhruv Khanna and Mr. Akash Saini, Advocates.

For Respondents: -Ms. Charu Sangwan, Advocate.

O R D E R

15.04.2019─ The Appellant- 'Operational Creditor' 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. Gulf Petronergy Pvt. Ltd.'- ('Corporate Debtor')

which having been dismissed by the impugned order dated 17th April,

2018 passed by the Adjudicating Authority (National Company Law

Tribunal), Bench-III, New Delhi, the present appeal has been preferred.

2. Learned counsel for the Appellant submits that one 'M/s. Petrolube

India Ltd.'- ('Corporate Debtor') assigned debt to one 'M/s. Gulf

Petronergy Pvt. Ltd.'. However, such submission cannot be accepted.

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

-2-

3. A creditor is entitled to assign its debt to another person but a

debtor cannot assign a debt payable by it to a third party in absence of

any provision to assign debt of a debtor. This apart, as we find that there

is pre-existence of dispute due to which the application under Section 9

is not maintainable, we are not inclined to interfere with the impugned

order dated 17th April, 2018. 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. 251 of 2018

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