# In the matter of Lata Gole vs. LCL Logistix (India) Pvt. Ltd. & Ors.

> NCLAT judgment dated 2023-11-02. Citation: TCN-2023-NCLAT-00104. This is an appeal against the order dated 20.10.2023 passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 2 Nov 2023
- **Citation:** TCN-2023-NCLAT-00104
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/lata-gole-vs-lcl-logistix-5cd9aeea

## Summary

### Background

This is an appeal against the order dated 20.10.2023 passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, Court-V, which admitted a Section 9 application filed by the Operational Creditor. The Operational Creditor was engaged in the business of sea freight, air freight, container freight, warehousing service, IATA agents, and other business related to the maritime and logistics industry. The Corporate Debtor approached the Operational Creditor for services, and invoices were issued with a 45-day credit period. Payments were not made, leading to a demand notice dated 31.08.2019 under Section 8.

## Facts

The Operational Creditor, engaged in freight and logistics, provided services to the Corporate Debtor. Invoices were issued with a 45-day credit period. The Corporate Debtor failed to make payments, leading to a demand notice dated 31.08.2019. The Operational Creditor filed an application claiming Rs.1,72,65,837.38/-. The Corporate Debtor replied to the demand notice on 09.09.2019. The Adjudicating Authority admitted the Section 9 application. The Corporate Debtor argued a pre-existing dispute, citing security cheques and withheld bills. The Adjudicating Authority found no substantive pre-existing dispute. The Appellant argued that no debt was due before the 45-day expiry. The Operational Creditor initiated proceedings under Section 138 of the Negotiable Instruments

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in admitting the Section 9 application filed by the …

**Ratio:** The Adjudicating Authority is empowered to admit a Section 9 application if the

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**Reasoning:** The court found no error in the Adjudicating Authority's order, indicating that the

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**Interpretation:** Section 9 of the IBC allows an operational creditor to initiate corporate

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**Application:** The court applied the principle that if the operational debt is due and there

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Lata…
- **Respondents:** LCL Logistix…

## Timeline

- **2019-08-31 — Demand Notice…**: Demand Notice issued under…
- **2019-09-09 — Reply to Deman…**: Corporate Debtor sent a…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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