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NCLT initiates insolvency proceedings against Flipkart; Bengaluru HC stays order

News Network
November 7, 2019

Bengaluru, Nov 7: The National Company Law Tribunal (NCLT) initiated insolvency proceedings against the Walmart-owned e-commerce company Flipkart for defaulting on Rs 18 crore payment to one of its suppliers. However, the NCLT order was stayed by the Karnataka High Court after Flipkart approached it. 

The Bengaluru bench of the NCLT initiated Corporate Insolvency Resolution Process (CIRP) against Flipkart India under the Insolvency and Bankruptcy Code, 2016, after a case was filed by Cloudwalker Streaming Technologies seeking CIRP against Flipkart on the grounds that it has committed default on payment of Rs 26.95 crore on supply of LED TVs.

A moratorium had been placed prohibiting the pending case judgements, sale of assets and property, and the Board of Directors asked to extend full cooperation to the insolvency resolution process. 

In its petition, Cloudwalker told NCLT that Flipkart failed to collect all the TVs ordered, failed to pay the excess charges and costs as promised and failed to honour its commitment. Cloudwalker claimed that due to Flipkart's failure in fulfilling its commitment, it was forced to unload the uncollected goods at heavily marked-down price, just so it could remain afloat.

Cloudwalker said it had sent a demand notice to which there has been no reply from Flipkart, and said that it has "consistently and persistently failed, omitted and neglected to discharge its admitted and acknowledged debt and liability." Cloudwalker, in the petition, said that it is apparent that Flipkart is commercially insolvent and is unable to pay its debts. 

Flipkart argued in NCLT that the petition is not maintainable either in law or on facts and it is liable to be rejected with exemplary costs.

Flipkart said that it has already paid Rs 85.57 crore and the allegation that it has no money to pay its liabilities or debt is "baseless, frivolous, bereft of truth and filed with malafide intentions".

"Karnataka High Court has stayed the order of the NCLT in favour of Flipkart. This is an ongoing commercial litigation, which we are challenging. At this stage, we have no further comments," Flipkart spokesperson said in an email response.

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News Network
May 22,2020

Bengaluru, May 22: Amid the fourth phase of nationwide COVID-19 lockdown, inter-state travel from Karnataka is now permitted with the consent of the receiving state, informed Praveen Sood, Karnataka Director General of Police (DGP) and Inspector General (IG).

"Inter-state pass is not required to go out of Karnataka as long as you have the consent of the receiving state," he said.

The order follows MHA's recent announcement of relaxed guidelines amid the nationwide lockdown.

"Due to lockdown, migrant workers, pilgrims, tourists, students and other persons are stranded at different places. They would be allowed to move as under," read the new guidelines while asking states to designate nodal authorities to facilitate the interstate movement.

The Centre has extended the lockdown till May 31 across the country.

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News Network
January 11,2020

Mysuru, Jan 11: Accusing the Congress and other opposition parties of pursuing “vote bank politics” on the Citizenship (Amendment ) Act (CAA), Kannada littérateur and Saraswathi Samman awardee S L Byrappa accused the party of misleading the people on the issue.

Speaking to media persons here on Friday, Mr Bhyrappa said that Congress was adopting the divide and rule policy of the British, who had created a rift between the Hindus and the Muslims to break their unity during the freedom struggle.

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News Network
April 15,2020

Bengaluru, Apr 15: The Opposition Congress in Karnataka on Wednesday accused the BJP government, headed by Chief Minister B S Yediyurappa, of showing discrimination in distribution of relief material to those affected by the lockdown, clamped to check the spread of Novel Coronavirus, by favouring constituencies represented by the ruling BJP Legislators.

Despite that, the party intends to extend full cooperation to the government during this hour of crisis without indulging in politics, it urged the administration to be “transparent”.

''We have had our (Congress) Task Force meeting today, during which we discussed several matters. There is a lot of difference between the government's talk and its deeds,'' KPCC President D K Shivakumar said.

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