# In the matter of Beoworld Private Limited IB-322-ND-2020

> Read the full IBC case summary for In the matter of Beoworld Private Limited IB-322-ND-2020. NCLT judgment dated 2022-06-07. Citation: TCN-2022-NCLT-04683.

- **Court:** NCLT
- **Order date:** 7 Jun 2022
- **Citation:** TCN-2022-NCLT-04683
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/beoworld-private-limited-ib-322-nd-2020-da282667

## Summary

### Background

The Operational Creditor filed an application under Section 9 of the IBC, 2016, seeking to initiate the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor due to unpaid operational debt for freight forwarding and custom house agent services.

## Facts

M/s DSV Air & Sea Private Limited, the Operational Creditor, filed an application under Section 9 of the Insolvency & Bankruptcy Code, 2016 (IBC, 2016) read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s Beoworld Private Limited, the Corporate Debtor. The Operational Creditor sought a declaration of moratorium and the appointment of an Interim Resolution Professional (IRP).

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## Issues and analysis

### Issue 1: Whether there is a pre-existing dispute that would render the application under Section 9 of the…

**Ratio:** A dispute must truly exist in fact and not be spurious, hypothetical, or illusory. A…

**Reasoning:** The Adjudicating Authority examined the definition of "dispute" under Section 5(6) of the…

**Interpretation:** The court interpreted "dispute" under Section 5(6) of the IBC, 2016, to require…

**Application:** The Corporate Debtor's demand notice dated September 18, 2019, based on an…

## Parties

- **Judges:** BACHU VENKAT…; Narender Kumar…
- **Advocates:** For the Operationa…; Priyanka…; +1 more

## Timeline

- **March, 2018 — Services co…**: Operational Creditor started providing…
- **February 26, 2019 — Legal notic…**: Operational Creditor issued a legal notice via email to the Corporate Debtor to clear…

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