TaxTMI 
TaxTMI 
2025 (6) TMI 25
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.... Advocates For the Respondents : Ms. Ruchi Kohli, Sr. Advocate, Ms. Sonakshi Dhiman, Ms. Aakriti Mathur, Ms. Srishti Mishra, Advocates ORDER ( Hybrid Mode ) This order shall dispose of two appeals bearing CA (AT) (Ins) No. 53 of 2024 titled as "Drive India Enterprise Solutions Ltd. vs. BGM Telecommunications Pvt. Ltd." (hereinafter referred to as the first appeal) and CA (AT) (Ins) No. 112 of 2024 titled as "BGM Telecommunications Pvt. Ltd. vs. Drive India Enterprise Solutions Ltd." (hereinafter referred to as the second appeal). 2. The first appeal is filed by the Operational Creditor, being aggrieved against the impugned order dated 18.10.2023 by which the application filed under Section 9 of the IBC, 2016 has been dismissed only on ....
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....SKDs were sold to the CD or its authorized entities at high sea under the said agreement. 7. The grievance of the appellant in the first appeal is that the Tribunal, without going into the merits of the case of the appellant, has dismissed the same only on the ground that earlier also the same appellant had filed an application under Section 9 against M/s Essline Engineers and Consultants Pvt. Ltd. bearing IB-932(ND)2020 which was dismissed by the Tribunal (NCLT, New Delhi Bench-II) vide order dated 15.11.2021 and another application filed by the appellant under Section 9 against M/s BTM Exports Ltd. bearing IB-933/(ND)/2020 was dismissed by the same Tribunal (Court No. VI) on 14.09.2023. In this regard, the following findings have been re....
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....as well as the application IA-5725 of 2021 is not in accordance with law. 11. The Tribunal has not deliberated upon the facts given in IB-998(ND)/2020 and the evidence and has simply relied upon earlier decisions dated 15.11.2021 and 14.09.2023 which are against different CD's which has no nexus with the facts of the present case because in the case decided on 15.11.2021, the Tribunal has noticed that there was communications between the parties dated 23.04.2018, 04.10.2018 and 24.10.2018, relied upon by the Corporate Debtor, which were prior to the issuance of demand notice dated 11.12.2019 in which the Corporate Debtor had raised a dispute about quantum of debt due and payable by the Corporate Debtor, therefore, there was an issue of pre....