2019 (5) TMI 2007 - AT - Insolvency and Bankruptcy

Rejection of section 9 application - existence of dispute or not - dispute raised prior to issuance of demand notice or not - HELD THAT - The demand Notice under Section 8(1) of the I B Code was issued by the Appellant on 30th October 2017. Much prior to issuance of demand notice by e-mail dated 6th March 2017 the Corporate Debtor raised dispute about insufficient services in sending the goods on time. Admittedly the Appellant is a transport carrier which provides services and not the goods. There being a dispute about providing proper services the application under Section 9 was not maintainable. In absence of any merit the appeal is dismissed.

Summary

The Appellate Tribunal dismissed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 against 'M/s. Camson Agri Ventures Private Limited' due to the existence of a dispute regarding insufficient services provided by the transport carrier Appellant. The appeal was dismissed for lack of merit.