Authority: National Company Law Appellate Tribunal (NCLAT) Principal Bench, New Delhi
Order Date: 07 July 2026
Case Overview
This appeal, Company Appeal (AT) (Insolvency) No. 1044 of 2026, has been filed by GD Waldner India Pvt. Ltd. (Appellant/Operational Creditor) against Dishman Carbogen Amcis Ltd. (Respondent/Corporate Debtor). The appeal challenges an order from the National Company Law Tribunal (NCLT) that dismissed the Appellant's petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC). The NCLT dismissed the petition principally on the ground of a 'Pre-Existing Dispute' between the parties.
The background of the dispute involves a contract where the Appellant was engaged to construct a laboratory for the Respondent. The Appellant's counsel submitted that, as per the certificate issued by the statutory auditor of the Corporate Debtor, an amount of approximately Rs. 1.9 crore remains due and was not paid. A key argument from the Appellant is that the Respondent did not dispute this liability until after a demand notice under Section 8 of the IBC was issued. The Appellant's counsel also contended that the impugned order from the NCLT "shortcircuited the whole issue."
The Respondent's counsel made a brief submission justifying the correctness of the NCLT's order.
Final Outcome
The NCLAT admitted the appeal and issued formal notice to the Respondent (Dishman Carbogen Amcis Ltd.). The Tribunal has directed the Respondent to file its reply within two weeks from the order date (07 July 2026). The Appellant (GD Waldner India) is then required to file a rejoinder within a further two weeks. The appeal has been listed for its next hearing on 17th August, 2026. The bench comprised Justice N. Seshasayee (Member - Judicial) and Barun Mitra (Member - Technical).
Topics: Insolvency Appeal, Operational Debt, Pre-Existing Dispute