Jay Ambe Industries Vs MIM Petroworld Pvt. Ltd. (NCLT Ahmedabad)
Summary: The National Company Law Tribunal, Ahmedabad Bench, Court-II considered a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 filed by Jay Ambe Industries, as Operational Creditor, seeking initiation of Corporate Insolvency Resolution Process against MIM Petroworld Pvt. Ltd., as Corporate Debtor. The Applicant stated that goods were supplied against invoices raised between 13.12.2022 and 18.12.2022 and claimed principal dues of Rs.1,77,32,898/-, with total outstanding debt of Rs.1,96,00,535/- including interest at 18%. A demand notice under Section 8 was issued on 19.08.2023 and received on 21.08.2023.
The Corporate Debtor opposed admission by alleging that goods supplied in November and December 2022 were of inferior quality, causing failures of customers’ vehicles and equipment, and relied on correspondence, WhatsApp communications, laboratory reports, returned invoices/debit notes and alleged losses exceeding Rs.3.75 crores. The Applicant disputed the alleged pre-existing dispute and questioned the authenticity and evidentiary value of the laboratory report, WhatsApp communications and debit notes. The petition had earlier been rejected by the Tribunal on 08.11.2024. In Company Appeal (AT) (Ins.) No. 2320 of 2024, the NCLAT on 06.04.2026 set aside that order and remanded the matter for fresh adjudication, observing that relevant WhatsApp screenshots, the laboratory report and the communication dated 14.08.2023 required consideration.
