JUDGMENT

(Hybrid Mode)

[Per: Justice Mohd. Faiz Alam Khan, Member (Judicial)]

The instant appeal has been preferred by the appellant being aggrieved by the impugned order dated 08.11.2024, passed by the Ld. National Company Law Tribunal, Ahmedabad Bench (Adjudicating Authority) passed in CP (IB) 252 of 2023 under Section 9 of the Insolvency and Bankruptcy Code, 2016 (Code) whereby the petition filed by the appellant has been rejected.

2. Brief facts giving rise to this appeal are that appellant/operational creditor and CD entered into business terms with each other in January, 2022. The CD is a Pvt. Ltd. Company engaged in the trading business and having its registered office at the residential premises of the Director of the CD. The CD is not having any manufacturing facility and all the transactions between the appellant and CD were on ‘Bill to Ship Basis’ i.e. on any order, goods were delivered directly to the customers of the CD under his instructions.

3. The appellant/ operational creditor supplied goods on various dates to the CD and raised various invoices from 13.12.2022 to 18.12.2022 against the purchases made by the CD amounting to Rs. 17,732,898/- however these invoices were