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2026 Supreme(Online)(NCLT) 651

NATIONAL COMPANY LAW TRIBUNAL
Bidisha Banerjee, J, Siddharth Mishra, Technical Member
Skyquad Electronics & Appliances Private Limited – Appellant
Versus
Everready Industries India Limited – Respondent


Advocates:
For the Petitioner: Mr. Amar Srivastava, Adv., Mr. A. Likith Sai Chowdary, Adv., Mr. Ritesh Goel, Adv., Ms. S. Chuna, PCS
For the Respondent: Mr. Joy Saha, Sr. Adv., Mr. Shaunak Mitra, Adv., Ms. Iran Hawar, Adv., Mr. Himanshu Bhowsinghker, Adv., Mr. S. Sen, Adv.

Table of Content
1. the existence of pre-existing disputes impacts the maintainability of the application under ibc. (Para 4 , 5 , 6)
2. the authority cannot address disputed debts and must dismiss conflicting applications. (Para 9 , 10)

ORDER

Per: Bidisha Banerjee, Member (Judicial)

1. The Court congregated through a hybrid mode

2. The Ld. Counsels of both the parties were heard.

3. The instant application has been filed by Skyquad Electronics & Appliances Private Limited, hereinafter referred to as the ‘Applicant’ under section 9 of the Insolvency and Bankruptcy Code, for brevity ‘I&B Code’ to initiate Corporate Insolvency Resolution Process in respect of Everready Industries India Limited, in short ‘EIIL’.

4. Facts in a nutshell

4.1 In the year 2016, the Corporate Debtor approached the Operational Creditor through its Manager, Mr. Suddajit Sinha, for the manufacture and supply of LED Bulbs and Batons, to be produced by the Operational Creditor, for its brand Eveready'.

4.2 After such due diligence, prior to entering into the Agreement dated November 1, 2017, the Corporate Debtor had placed order for trial production from March 19, 2016 to October 31, 2017.

4.3 In view to accommodate the pr

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