Whether the terms and conditions of the Logistics Agreement executed between the parties supersede the provisions of the Carriage by Road Act, 2007 or not? Cannot be adjudicated in an application filed under section 9 of the IBC – M/s TCI Express Ltd. Vs. M/s Infibeam Logistics Pvt. Ltd. -NCLT Ahmedabad Bench
The Adjudicating Authority held that if we consider that the Operational Creditor is not liable for damage of goods in view of the provisions of addendum dated 09.10.2017, but it is liable for loss of goods which have duly intimated by Corporate Debtor to the Operational Creditor prior to the issuance of Demand Notice. Moreover, whether the terms and conditions of the Logistics Agreement executed between the parties supersede the provisions of the Carriage by Road Act, 2007 or not? can not be adjudicated in an application filed under section 9 of the IB Code. In view of the above, we are of the considered view that there is a pre-existing dispute for the supplying of services by the operational creditor.
