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2025 Supreme(Online)(NCLT) 92

NATIONAL COMPANY LAW TRIBUNAL
K. R. SAJI KUMAR, SANJIV DUTT, JJ
RAILROAD LOGISTICS (INDIA) PRIVATE LIMITED – Appellant
Versus
MAHINDRA LOGISTICS LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: Adv. Vinay Kumar Jain, Adv. Mohana Sharda
For the Respondents: Adv. Karl K Shroff, Adv. Mayuri Karekar, Adv. Aditya Khandeparkar, Adv. Gaurav Patole i/b Khandeparkar Law Office

ORDER

[PER: SANJIV DUTT, MEMBER (TECHNICAL)]

1. BACKGROUND

1.1 This Application bearing C.P.(IB) No.746/MB/2023 was filed by Railroad Logistics (India) Private Limited, the Operational Creditor on 17.02.2023 under Section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as “the Code”) read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 (hereinafter referred to as “the AAA Rules”) through Ms. Sahana Nikhil Shetty, its Director and Authorised Representative for initiating Corporate Insolvency Resolution Process (hereinafter referred to as “CIRP”) in respect of Mahindra Logistics Limited, the Corporate Debtor.

1.2 The Operational Creditor is engaged in the business of transport, storage and communications and has been executing contractual work with various organisations. It is a registered MSME. The Corporate Debtor entered into multiple agreements with the Operational Creditor during the period from 01.04.2017 to 30.06.2021 for the transportation of vehicles or parts thereof across India. Pursuant to these agreements, the Operational Creditor rendered services and raised several invoices out of which Rs.1,63,35,529/

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