# In the matter of Dharmraj Logistics Pvt. Ltd. Company Petition No. IB-54-ND-2020

> NCLT judgment dated 2021-12-21. Citation: TCN-2021-NCLT-00092. The case involves an application filed by M/S Bhagwati Air Express Pvt Ltd (Operational…

- **Court:** NCLT
- **Order date:** 21 Dec 2021
- **Citation:** TCN-2021-NCLT-00092
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/dharmraj-logistics-pvt-ltd-company-petition-no-ib-54-nd-2020-e15664cb

## Summary

### Background

The case involves an application filed by M/S Bhagwati Air Express Pvt Ltd (Operational Creditor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against M/S Dharmraj Logistics India Pvt Ltd. (Corporate Debtor). The Operational Creditor provided forwarding services to the Corporate Debtor, raising invoices between 2019-03-31 and 2019-07-01. The Corporate Debtor made partial payments, but an outstanding amount remained due.

## Facts

M/S Bhagwati Air Express Pvt Ltd (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against M/S Dharmraj Logistics India Pvt Ltd. (Corporate Debtor). The Corporate Debtor availed forwarding services from the Operational Creditor, with invoices raised between 2019-03-31 and 2019-07-01. The Corporate Debtor made partial payments, leaving an outstanding amount of Rs 10,14,227/-. A demand notice dated 2019-11-29 was issued to the Corporate Debtor, calling for payment of Rs. 11,30,869/-, including interest. The notice was duly delivered. The Corporate Debtor neither raised any dispute nor made any payments. The application was filed on 2019-12-26, with the date

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor under Section 9 of the Insolvency and …

**Ratio:** Section 9(5) of the IBC, 2016, provides for the admission of the application if it is

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**Reasoning:** The court found that the application was complete in all respects, as the Operational

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**Interpretation:** Section 9 of the IBC allows an operational creditor to initiate CIRP against a

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**Application:** The application was deemed complete as the Operational Creditor provided

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## Parties

- **Judges:** BACHU VENKAT…; Narender Kumar…
- **Appellants:** M/S BHAGWATI AIR…
- **Respondents:** M/S DHARMRAJ…
- **Advocates:** Rishab…; Apoorva…

## Timeline

- **2017-01-01 — Corporate Debtor…**: The Corporate Debtor approached the…
- **2019-03-31 — Invoice Perio…**: The Applicant raised invoices for services provided to the Corporate Debtor starting from…

## 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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