# In the matter of AGI Cargo Private Limited Company Petition no. (IB)-519 (PB)-2017

> NCLT judgment dated 2018-10-12. Citation: TCN-2018-NCLT-00581. Globe Express Services Private Limited, claiming to be the operational creditor, filed an…

- **Court:** NCLT
- **Order date:** 12 Oct 2018
- **Citation:** TCN-2018-NCLT-00581
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/agi-cargo-private-limited-company-petition-no-ib-519-pb-2017-38276f0c

## Summary

### Background

Globe Express Services Private Limited, claiming to be the operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, for initiating the Corporate Insolvency Resolution Process (CIRP) against AGI Cargo Private Limited, the respondent company, which is claimed to be the corporate debtor. The application was filed due to the respondent's failure to pay outstanding invoices for air freight forwarding services. The applicant submitted that the total payment due from the respondent company against 46 invoices amounted to Rs. 2,935,156.62. Despite repeated requests, the respondent failed to make payments. A demand notice under Section 8 of the Code was issued, but the respondent allegedly failed to make any payment. The respondent

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## Facts

Globe Express Services Private Limited (the applicant) provided air freight forwarding services to AGI Cargo Private Limited (the respondent). The respondent accumulated an outstanding debt of Rs. 2,935,156.62 against 46 invoices. The invoices became due between July and September 2017. Despite repeated requests, the respondent failed to make payments. The applicant issued a demand notice under Section 8 of the Insolvency and Bankruptcy Code (IBC), 2016, on 07.10.2017, calling upon the respondent to pay the outstanding amount within 10 days. The respondent failed to respond to the notice or make any payment. The applicant filed an affidavit stating that the respondent had not responded to the notice. The applicant also provided a certificate from HDFC Bank confirming

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## Issues and analysis

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

**Ratio:** Section 9(5) of the Insolvency and Bankruptcy Code, 2016, outlines the conditions for

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**Reasoning:** The court considered whether the applicant had fulfilled all the requirements under

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**Interpretation:** Section 9 of the IBC provides the framework for an operational creditor to

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**Application:** In this case, the court found that the initial application had defects, but the

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## Parties

- **Judges:** M. M. K…; S. K. MOH…
- **Appellants:** Globe Express…
- **Respondents:** M/s AGI Cargo…
- **Advocates:** Shariq J.…; Sourabh…

## Timeline

- **2017-07-01 — Respondent Approached…**: The respondent approached the applicant for availing services for air freight forwarding…
- **2017-07-18 — First Invoice…**: Amount of Rs. 1,20,246.56 became due…

## 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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