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2024 Supreme(Online)(NCLAT) 1039

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Hon'ble Justice Rakesh Kumar Jain (Member(Judicial)) , Hon'ble Mr. Naresh Salecha (Member (Technical)) , Hon'ble Mr. Indevar Pandey (Member (Technical)) ,
Straw Commodities LLP – Appellant
Versus
ANRAM AGRO TRADING PRIVATE LIMITED – Respondent


O R D E R

(Hybrid Mode) Per: Justice Rakesh Kumar Jain (J) (Oral)

 This Appeal is directed against the Order dated 25.10.2024, by which an Application filed by the Appellant under Section 9 of the Insolvency and Bankruptcy Code, 2016 (Code) as the Operational Creditor against the Respondent as the Corporate Debtor for the resolution of an amount of ₹ 101,89,178.77/- has been dismissed.

2.  The Appellant and Respondent executed 3 Sale Contracts dated 21.04.2021 (first Contract), 19.11.2021 (second Contract) and 14.02.2022 (third Contract).

3. The first Contract bearing No. S00128/2021-2022 was qua delivery of 440 MT of Tanzania Origin Soya Bean, New Crop 2021, NON-GMO for an amount of Rs.2,64,00,000/-. There was an extension of Sale Contract 1 by Contract 1-A bearing No. S00128A for delivery of 228 MT of Tanzania Origin Soya Bean, New Crop 2021, NON-GMO for Rs.13,66,622.40/-. The Contract 2 bearing No. S00131 was in regard to sale of 64.46 MTs of Ethiopian Origin Soya Bean Meal Non-GMO @ 60,000 per MT and the third Contract bearing No. S00141/2021-2022, was regarding 440 MT of Ethiopian Origin Soya Bean, New Crop 2022 Non-GMO @ USD 860 per MT.

4. The grievance of the Appellant is

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