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NCLAT Refuses Ramco’s appeal against Spicejet

In May 2013, Ramco’s entered into an aviation software solution agreement with spicejet, followed with certain changes in July 2014.

Ramco to move from the National Company Law Appellate Tribunal (NCLAT) to a court of competent jurisdiction for appropriate relief. An appeal filed by the Ramco system against Spicejet on the grounds of non-payment of dues got dismissed by NCLAT. The essential sum asserted from spicejet is 2.99 crore.

In December 2017, NCLT rejected the application of Ramco’s as of which an order was released which is now looked upon by Ramco’s .

Spicejet owes a huge amount as alleged by Ramco’s with an invoice of Rs. 62.89 lakh as given in January 2016. Spicejet put forwarded that all claims are depended on the invoice for the year 2013-2014 and which were all paid by August 2014.

Justifying the NCLT decree, the NCLAT Bench saw there is nothing on record to recommend that the invoices dated July 23, 2014, were sent or collected by Spicejet. NCLAT upheld the order of NCLT in rejecting the application of Ramco under section 9 which requires strict proof of debt and default.

Tribunal stated that the decree passed by the NCLAT or the NCLT won’t come in the way of Ramco to move to  a court of competent jurisdiction for suitable relief.

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