# In the matter of Bestways Transport (India) Ltd. CP (IB) 30-Chd-Hry-2019

> NCLT judgment dated 2021-03-26. Citation: TCN-2021-NCLT-02550. The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 26 Mar 2021
- **Citation:** TCN-2021-NCLT-02550
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/bestways-transport-india-ltd-cp-ib-30-chd-hry-2019-faab249c

## Summary

### Background

The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 by M/s Pawan Cargo Forwards (P) Ltd. (Operational Creditor) against M/s Bestways Transport (India) Ltd. (Corporate Debtor) for initiating the Corporate Insolvency Resolution Process (CIRP). The operational creditor claimed that the corporate debtor defaulted on payments for services rendered between 2011 and 2013. The corporate debtor argued that the claim was time-barred and that an email presented as an admission of debt was not authorized.

## Facts

M/s Pawan Cargo Forwards (P) Ltd. (Operational Creditor) filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against M/s Bestways Transport (India) Ltd. (Corporate Debtor) for unpaid invoices. The corporate debtor was incorporated on 16.11.1983. The operational creditor provided services to the corporate debtor between 30.09.2011 and 15.05.2013. The total amount due was ₹5,32,61,032, including 24% interest per annum as of 01.03.2018. Demand notices were issued on 21.09.2015 and 25.10.2015. The corporate debtor acknowledged its liability via email dated 18.11.2015. The petition was filed on 13.11.2018. The corporate debtor contended that the claim was time-barred and that the email was not authorized. The operational creditor relied on the

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## Issues and analysis

### Issue 1: Whether the petition filed by the operational creditor under Section 9 of the Insolvency and …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016 allows an operational creditor to

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**Reasoning:** The court found that the application was complete in all aspects and no objections were

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**Interpretation:** Section 9 provides the mechanism for operational creditors to recover their

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**Application:** The court applied Section 9 to the facts of the case, finding that the

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## Parties

- **Judges:** Ajay Kumar…; RAGHU N…; +1 more
- **Appellants:** M/s Pawan Cargo…
- **Respondents:** M/s Bestways…

## Timeline

- **1983-11-16 — Incorporation of…**: M/s Bestways Transport (India) Ltd. was…
- **2011-09-30 — Start of Debt…**: The operational creditor provided services to the corporate debtor between 30.09.2011 and…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 14 — Moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-14)

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