# In the matter of Fedex Express Transportation and Supply Chain Services (India) Pvt. Ltd. vs. Zipker Online Services Pvt. Ltd.

> NCLAT judgment dated 2024-05-01. Citation: TCN-2024-NCLAT-00470. Fedex Express Transportation and Supply Chain Services (India) Pvt. Ltd. filed an application…

- **Court:** NCLAT
- **Order date:** 1 May 2024
- **Citation:** TCN-2024-NCLAT-00470
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/fedex-express-transportation-and-supply-chain-services-india-pvt-ltd-vs-zipker-o-b00e550b

## Summary

### Background

Fedex Express Transportation and Supply Chain Services (India) Pvt. Ltd. filed an application as an Operational Creditor under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Zipker Online Services Pvt. Ltd. (Corporate Debtor) for the resolution of an amount of Rs. 18,34,120.93/-. The Adjudicating Authority (National Company Law Tribunal, New Delhi Bench) dismissed the application because the name of the Corporate Debtor had already been struck off by the Registrar of Companies. This appeal was preferred by the Appellant under Section 61 of the Code.

## Facts

Fedex Express Transportation and Supply Chain Services (India) Pvt. Ltd. (Appellant), an operational creditor, provided shipping and logistics services to Zipker Online Services Pvt. Ltd. (Corporate Debtor). The Appellant raised invoices from 07.05.2019 to 08.10.2019, but the Corporate Debtor failed to honor them. The Appellant sent a demand notice under Section 8 of the Code for payment of Rs. 18,34,120.93/- with interest but received no response. The Appellant then filed an application under Section 9 of the Code for the resolution of the amount. The Adjudicating Authority dismissed the application on 05.09.2023 because the Corporate Debtor's name had already been struck off by the Registrar of Companies. The Appellant filed an appeal against this order.

## Issues and analysis

### Issue 1: Whether the application under Section 9 of the Insolvency and Bankruptcy Code, 2016, for initiation …

**Ratio:** The court held that CIRP can be initiated only against a corporate debtor which means a

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**Reasoning:** The court reasoned that the Hon'ble Benches in the cases relied upon by the Appellant did

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**Interpretation:** The court interpreted the provisions of the Companies Act, 2013, and the

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**Application:** The court applied the ratio to the facts of the case, noting that Zipker Online

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## Parties

- **Judges:** Rakesh Kuma…; Naresh Sa…; +1 more
- **Appellants:** FedEx Express…
- **Respondents:** Zipker Online…

## Timeline

- **2019-05-07 — Invoice R…**: Appellant raised invoices for services…
- **2019-10-08 — Invoice R…**: Appellant raised invoices for services…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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