September 4, 2021, District of Delaware – Plaintiff Pipeline Foods, LLC brings a complaint for turnover of estate property, breach of contract, and conversion against Defendants Agri Exim DCMM and Suminter India Organics Pvt. Ltd under Section 542 of the Bankruptcy Code. Plaintiff also seeks damages for Defendants’ violations of the automatic stay of 11 U.S.C. § 362(a).
By way of background, Plaintiff agreed to purchase and the Defendants agreed to deliver certain commodities according to various contracts between the parties. Allegedly, Plaintiff paid the Defendants as required by the contracts but, Defendants did not deliver the agreed commodities. As alleged in the complaint, Plaintiff made repeated and multiple efforts to communicate with Defendants and their representatives to provide for delivery of the commodities to Plaintiff as required by the terms of the purchase contracts, but such requests were supposedly ignored by Defendants or did not result in any delivery. Plaintiff contends that commodities were intended for resale to its customers and the estimated current market value of the commodities is alleged to be in the neighborhood of $1,900,000.
Accordingly, the complaint alleges that the Defendants are in breach of the contracts and the Court must enter judgment in its favor for the turnover of property of the estate or accounting concerning the commodities and otherwise award damages per applicable law for Defendants’ breaches.