# In the matter of Beackon Logistics Private Limited C.P. (IB) 1577-2019

> NCLT judgment dated 2019-11-05. Citation: TCN-2019-NCLT-00713. The case involves a petition filed by FedEx Express Transportation & Supply Chain Services…

- **Court:** NCLT
- **Order date:** 5 Nov 2019
- **Citation:** TCN-2019-NCLT-00713
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/beackon-logistics-private-limited-cp-ib-1577-2019-d566d6da

## Summary

### Background

The case involves a petition filed by FedEx Express Transportation & Supply Chain Services (India) Pvt. Ltd. (the Petitioner) under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) against Beackon Logistics Private Limited (the Corporate Debtor). The Petitioner alleges that the Corporate Debtor defaulted on payments for services provided, specifically the delivery of consignments. Despite multiple attempts to serve notice and warnings from the NCLT, the Corporate Debtor failed to appear before the Bench.

## Facts

FedEx Express Transportation & Supply Chain Services (India) Pvt. Ltd. (the Petitioner) filed a company petition against Beackon Logistics Private Limited (the Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Petitioner claimed that the Corporate Debtor defaulted on payments for services rendered, specifically the delivery of consignments under a contract dated 2015-08-27. Invoices were raised from 2017-11-02 to 2018-08-16, totaling Rs. 10,64,970.90. The Petitioner also claimed interest on the outstanding amount. The Corporate Debtor acknowledged the debt in an email dated 2018-08-21 but requested more time to pay due to financial difficulties. A demand notice was issued on 2018-11-17. The Corporate Debtor failed to appear before

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## Issues and analysis

### Issue 1: Whether the Petitioner has established the existence of an operational debt and a default by the …

**Ratio:** Section 9 of the IBC allows an operational creditor to initiate the Corporate Insolvency

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**Reasoning:** The NCLT considered the documents submitted by the Petitioner, including invoices, a bank

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**Interpretation:** The NCLT interpreted Section 9 of the IBC to mean that if the operational

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**Application:** In this case, the Petitioner provided sufficient evidence of the debt and the

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## Parties

- **Judges:** Bhaskara Pantula…; Shyam Babu…
- **Appellants:** FedEx Express…
- **Respondents:** Beackon Logistics…
- **Advocates:** Priyanka…; Reshmi…

## Timeline

- **2015-08-27 — Contract…**: A contract was entered into between FedEx Express Transportation & Supply Chain Services…
- **2017-11-02 — First Invoi…**: The first invoice was raised by FedEx Express Transportation & Supply Chain Services…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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