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NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Ajai Das Mehrotra, Member (Technical)
Vave India Energy Solutions Private Limited – Appellant
Versus
Eastman Auto & Power Limited – Respondent
| Table of Content |
|---|
| 1. operational creditor's section 9 application rejected due to pre-existing dispute. (Para 1 , 2) |
| 2. dispute resolved by credit note; coercion claim belated and unsubstantiated. (Para 3) |
| 3. pre-existing dispute via email; warranty claim not operational debt. (Para 4) |
| 4. genuine pre-existing dispute raised before section 8 notice. (Para 5 , 6 , 7 , 8) |
| 5. nclt examines if dispute is real, not spurious or moonshine. (Para 9) |
| 6. appeal dismissed; no interference with nclt's pre-existing dispute finding. (Para 10) |
J U D G M E N T
(Hybrid Mode)
[Per: Ajai Das Mehrotra, Member (Technical)]
The present appeal has been filed by Vave India Energy Solutions Private Limited (hereinafter referred to as the ‘Operational Creditor’) against the impugned order passed by the Ld. NCLT, New Delhi in CP (IB) No. 117/(ND)/2023 dated 13.10.2023 wherein the Ld. NCLT had rejected the application filed by the Operational Creditor under Section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the ‘IBC, 2016’) on the ground of pre-existing dispute.
2. The brief facts of this case as noted in the order dated 13.10.2023 of Ld.NCLT are as under:
i. The application under Section 9 w
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