Multiplier Brand Solutions has appealed to the National Company Law Appellate Tribunal (NCLAT) against a National Company Law Tribunal (NCLT) order that dismissed its insolvency plea against Amazon Wholesale (India).
A three-member NCLAT bench, including Chairperson Justice Ashok Bhushan, has scheduled the next hearing for July 15.
The Delhi-based NCLT bench rejected Multiplier Brand Solutions’ insolvency plea on March 5, 2024. As an operational creditor, Multiplier Brand Solutions filed the plea under Section 9 of the Insolvency & Bankruptcy Code, alleging a default of ₹3.7 crore for eight invoices issued between March and May 2023. The dispute involves a novation and substitution agreement between Amazon Seller Services and Amazon Wholesale (India) executed in Bengaluru.
Amazon opposed the plea, citing a pre-existing dispute regarding the claimed amount before the demand notice was issued. The NCLT agreed, stating that it could not commence the Corporate Insolvency Resolution Process (CIRP) due to the dispute. However, the tribunal did not express any opinion on the validity of the claim itself.
Multiplier Brand Solutions challenged this decision in April before the NCLAT.
