NCLT Ahmedabad Dismisses Make India Impex's ₹9.10 Crore Insolvency Plea Against Elite Green

The Ahmedabad Bench of the National Company Law Tribunal (NCLT) on 9 September dismissed an insolvency petition filed by Make India Impex against Elite Green Pvt. Ltd. over an alleged default of Rs. 9.10 crore.

A Bench comprising Judicial Member Chitra Hankare and Technical Member Dr. V.G. Venkata Chalapathy observed:

“There by the demand notice issued under Section 8(1) is not in order and the applicant has not complied with Section 9 (3) (b) as applicant has not furnished “no pre-existing dispute” by way of affidavit.”

Make India Impex, through its proprietor Rajesh Tulsidas Nakhua, claimed that it provided clearing, forwarding and customs clearance services to Elite Green pursuant to quotations dated 16 January 2024. It said the services were rendered from February 2024 onwards and invoices were raised and communicated by email. Nakhua claimed that Elite Green did not object to the invoices when they were raised and that repeated follow-ups in late 2024 failed to secure payment.

Relying on its ledger, Make India Impex identified 24 February 2024 as the date of the first default and relied on subsequent partial payments and recurring defaults to contend that Elite Green had acknowledged the outstanding liability.

A legal notice dated 18 November 2024 demanding Rs. 11.12 crore was returned undelivered. The applicant subsequently issued a demand notice dated 4 August 2025 claiming Rs. 11.18 crore with interest at 24% per annum.

Elite Green replied on 9 September 2025 alleging pre-existing disputes. A second demand notice dated 6 December 2025 reconciled the claim to Rs. 9.10 crore, comprising principal, interest and TDS receivable. Elite Green reiterated its objections and questioned the applicant's authorisation.

Make India Impex submitted that the demand notices had been validly issued through its authorised advocate and alleged that Elite Green had raised disputes to evade liability.

The Tribunal noted that the applicant had not produced invoices or contracts establishing delivery of the services. It also held that the applicant could not rely on trade documents between Elite Green and third parties to establish its claim.

The Bench further noted that the quotations relied upon by the applicant were not supported by physical documents establishing the agreed terms. It also found that the applicant had failed to rebut the existence of pre-existing disputes.

Accordingly, the NCLT rejected the insolvency petition.