# In the matter of Everup Battery India Private Limited CP-1139-IB-2018

> NCLT judgment dated 2019-01-08. Citation: TCN-2019-NCLT-05297. The Operational Creditor, M/s.SRS Shipping Private Limited, filed a Company Petition under…

- **Court:** NCLT
- **Order date:** 8 Jan 2019
- **Citation:** TCN-2019-NCLT-05297
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/everup-battery-india-private-limited-cp-1139-ib-2018-9e4a0bb7

## Summary

### Background

The Operational Creditor, M/s.SRS Shipping Private Limited, filed a Company Petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against the Corporate Debtor, M/s.Everup Battery India Private Limited, for initiation of the Corporate Insolvency Resolution Process. The basis for the petition was the Corporate Debtor's alleged default in paying ₹19,95,201 towards liner charges, CFS/Port Charges, Warehouse charges, and Transport charges, along with interest of ₹1,19,712 at 18% per annum. The Operational Creditor claimed that despite receiving a Section 8 notice on 25.07.2018, the Corporate Debtor failed to make the payment.

## Facts

M/s.SRS Shipping Private Limited (Operational Creditor) filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against M/s.Everup Battery India Private Limited (Corporate Debtor). The Operational Creditor claimed that the Corporate Debtor defaulted on payments totaling ₹19,95,201 for liner charges, CFS/Port Charges, Warehouse charges, and Transport charges, plus interest of ₹1,19,712 at 18% per annum. The Operational Creditor had sent a Section 8 notice to the Corporate Debtor on 25.07.2018. The Operational Creditor cleared goods on behalf of the Corporate Debtor and raised invoices from 12.04.2017 to 13.12.2017, aggregating to ₹19,95,201. The Corporate Debtor's counsel argued that a dispute existed prior to the Section 8 notice, citing an email

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## Issues and analysis

### Issue 1: Whether a pre-existing dispute regarding the quantum of payment existed between the Operational …

**Ratio:** Section 5(6)(a) of the Insolvency and Bankruptcy Code, 2016, stipulates that if a dispute

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**Reasoning:** The NCLT observed that the email dated 11.07.2018, prior to the Section 8 notice dated

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**Interpretation:** The interpretation of Section 5(6)(a) hinges on establishing that a genuine

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**Application:** In this case, the email exchange served as evidence of a pre-existing dispute.

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## Parties

- **Judges:** B.S.V. Prakash…; S. VIJAYARA…
- **Appellants:** M/s.SRS Shipping…
- **Respondents:** M/s.Everup…

## Timeline

- **2017-04-12 — Invoice Perio…**: Operational Creditor started raising…
- **2017-12-13 — Invoice Per…**: Operational Creditor raised invoices against the Corporate Debtor until this date,…

## 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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