Flipkart has obtained a stay order on insolvency proceedings initiated against the e-commerce firm by the National Company Law Tribunal (NCLT) in a case involving alleged withholding of dues to a seller on its platform.
CloudWalker Streaming, a Mumbai-based supplier of LED TVs, has alleged the Flipkart did not honour its purchase agreement and had not paid dues totalling to Rs 26.95 crore. The firm moved NCLT and had petitioned that Flipkart be recommended for insolvency under Insolvency and Bankruptcy Code (IBC).
On October 24, accepting the petitioner’s argument, the Bengaluru bench of NCLT ordered initiation of insolvency proceedings. Flipkart followed up with a writ petition in the Karnataka High Court and a day later obtained a stay on the NCLT order, a Flipkart spokesperson told Business Standard.In its next hearing held on October 31, the Karnataka HC ordered continuation of the stay. The date of the next hearing has not been set yet. “In view of the above, it is clarified that as on date, Flipkart is not undergoing corporate insolvency resolution process and is continuing its operations on a going concern basis under its present management,” the company said in an email statement.
The matter pertains to an agreement between CloudWalker and Flipkart that dates back to December 2016. CloudWalker, which sells TV under Cloud TV brand, had alleged that Flipkart had signed the agreement to purchase stock worth Rs 103.62 crore but only bought goods worth Rs 85.57 crore, and that too after many delays.After receiving two batches of TVs — in January and March 2017 — Flipkart stopped taking deliveries on the pretext of lack of warehousing space, which in piling up of unsold inventory with the seller, according to claims in the order copy dated October 24 posted on the NCLT website.
Further, “in an attempt to gain profit out of the goods ordered, (Flipkart) coerced the operational creditor (CloudWalker) to offer a discount on the LED TVs, which were already imported and warehoused by the operational creditor on behalf of the corporate debtor (Flipkart)...READ MORE
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