# Movemate Logistics Private Limited vs. OYO Hotels Private Limited

> NCLT judgment dated 2026-09-29. Citation: TCN-2026-NCLT-01139. Movemate Logistics Private Limited (Operational Creditor) filed an application under Section 9…

- **Court:** NCLT
- **Order date:** 29 Sept 2026
- **Citation:** TCN-2026-NCLT-01139
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-ahmedabad/oyo-hotels-and-homes-private-limited-lujme

## Summary

### Background

Movemate Logistics Private Limited (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) against OYO Hotels Private Limited (Corporate Debtor) for a default amount of Rs. 2,45,39,253/- along with interest. The default arose from unpaid invoices for warehousing, logistics, and allied operational services provided under three connected agreements. The Corporate Debtor terminated the agreements but allegedly failed to remove its goods and disputed the invoices, citing discrepancies, damaged goods, and denial of inspection. The Corporate Debtor also initiated arbitration proceedings before the Delhi High Court and obtained an interim protection order.

## Facts

M/s Movemate Logistics Private Limited (Operational Creditor) filed a petition under Section 9 of the IBC, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against OYO Hotels Private Limited (Corporate Debtor).

The alleged default amount is Rs. 2,45,39,253/- with interest @ 18.75% per annum from 01.04.2024 to 30.09.2025, with the default occurring on and from 01.04.2024.

The Operational Creditor is registered under the Companies Act, 2013, and MSME Act, 2006, engaged in warehouse operations, storing goods, management, and logistic services.

The Corporate Debtor is incorporated under the Companies Act, 2013, engaged in providing hotel and homestay accommodations.

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## Issues and analysis

### Issue 1: Whether there is a pre-existing dispute regarding the operational debt claimed by the Operational …

**Ratio:** A Section 9 IBC application is not maintainable if there is a pre-existing dispute

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**Reasoning:** The Corporate Debtor consistently disputed the invoices, citing discrepancies in

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**Interpretation:** The term 'dispute' under IBC Section 8(2) is broad and encompasses any

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**Application:** In this case, the Corporate Debtor's actions (emails seeking clarification,

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## Parties

- **Judges:** Chitra Ha…; Velamur G Venkata…
- **Appellants:** Movemate Logistics…; M/s Movemate…
- **Respondents:** OYO Hotels…
- **Advocates:** Karunesh…; Abhishek…; +4 more

## Timeline

- **2019-02-04 — Agreement E…**: Vehicle Rental Agreement…
- **2020-06-27 — Agreement E…**: Warehouse Agreement entered…

## 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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