JUDGMENT

(Hybrid Mode)

[Per: Arun Baroka, Member (Technical)]

This Appeal has been filed by the Appellant Company, under Section 61 (1) of the Insolvency and Bankruptcy Code , 2016 ("the Code") against Order dated 6th July 2023 passed by the Ld. National Company Law Tribunal, Chandigarh Bench (hereinafter referred to as Adjudicating Authority), whereby the Ld. Adjudicating Authority has dismissed the application of the Appellant under Section 9 of the Code ("Impugned Order").

Factual Background

2. The dispute centers around a sales contract formed on March 20, 2017, between Hi Exports (Respondent) and Durst Phototechnik (Supplier) for the purchase of an industrial inkjet printer (Alpha 190-D). The agreed timeline for delivery was April 15, 2017, but the machine arrived significantly later on August 28, 2017. Upon receiving the machine, the Respondent discovered critical performance issues and defects that significantly hampered its functionality.

Appellant’s Case:

3. Background and