# In the matter of DSV Air & Sea Pvt. Ltd. CP(IB) 2293(MB)-2018

> NCLT judgment dated 2019-06-07. Citation: TCN-2019-NCLT-02999. Supreme Transport Organisation Pvt Ltd, the Operational Creditor, filed a petition under…

- **Court:** NCLT
- **Order date:** 7 Jun 2019
- **Citation:** TCN-2019-NCLT-02999
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/dsv-air-sea-pvt-ltd-cpib-2293mb-2018-5c38b34a

## Summary

### Background

Supreme Transport Organisation Pvt Ltd, the Operational Creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 (I&B Code) for initiation of Corporate Insolvency Resolution Process (CIRP) against DSV Air & Sea Pvt Ltd, the Corporate Debtor. The Operational Creditor claimed that the Corporate Debtor defaulted on 16.09.2015 in payment of Rs.8,81,400/- including interest, against invoices raised for transportation services. The Corporate Debtor contested the claim, asserting a pre-existing dispute regarding the quality and timeliness of the services provided.

## Facts

Supreme Transport Organisation Pvt Ltd (Operational Creditor) filed a petition against DSV Air & Sea Pvt Ltd (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, claiming a default of Rs.8,81,400/- on 16.09.2015 for transportation services. The Corporate Debtor engaged the Operational Creditor to transport machinery parts to a client in Haryana. The Operational Creditor issued a demand notice on 15.01.2018. The Corporate Debtor replied on 29.01.2018, alleging failure/breach of service, resulting in losses. The Corporate Debtor claimed that the Operational Creditor delivered the cargo late, causing idling costs for Italian engineers at the client's site, leading to a deduction of approximately 8800 Euros. The Operational Creditor stated

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## Issues and analysis

### Issue 1: Whether a pre-existing dispute existed between the Operational Creditor and the Corporate Debtor …

**Ratio:** The ratio is based on Section 9(5)(2)(d) of the Insolvency and Bankruptcy Code, 2016,

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**Reasoning:** The court reasoned that the email communications between the Corporate Debtor and the

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**Interpretation:** The interpretation of Section 9(5)(2)(d) and the Mobilox Innovations judgment

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**Application:** In this case, the court applied the ratio and reasoning to the specific facts,

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## Parties

- **Judges:** V. P. S…; Ravikumar…; +1 more
- **Appellants:** Supreme Transport…
- **Respondents:** DSV Air & Sea Pvt…

## Timeline

- **2015-09-16 — Default…**: Corporate Debtor allegedly…
- **2015-09-29 — Corporate Debto…**: Corporate Debtor sent an email raising the…

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