# In the matter of Goodrich Logistics Private Limited CP 2315-IBC-NCLT-MAH-2018

> NCLT judgment dated 2019-01-18. Citation: TCN-2019-NCLT-05224. Hermes Travel & Cargo Private Limited, an Operational Creditor, filed a Company Petition under…

- **Court:** NCLT
- **Order date:** 18 Jan 2019
- **Citation:** TCN-2019-NCLT-05224
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/goodrich-logistics-private-limited-cp-2315-ibc-nclt-mah-2018-00fc1af7

## Summary

### Background

Hermes Travel & Cargo Private Limited, an Operational Creditor, filed a Company Petition under Section 9 of the Insolvency & Bankruptcy Code, 2016 (IBC) against Goodrich Logistics Private Limited, the Corporate Debtor, to initiate Corporate Insolvency Resolution Process (CIRP). The petition was based on the Corporate Debtor's alleged default in making payment of ₹10,73,561/- as principal and ₹3,36,335.97/- as interest, totaling ₹14,09,896.97, for services of freight forwarding. The Operational Creditor claimed to have provided services and raised invoices that were duly received by the Corporate Debtor. The invoices contained a clause stipulating a penal interest of 21% p.a. for delayed payments exceeding 21 days. The Corporate Debtor admitted to an outstanding

…

## Facts

Hermes Travel & Cargo Private Limited (Operational Creditor) provided freight forwarding services to Goodrich Logistics Private Limited (Corporate Debtor). The Corporate Debtor defaulted on payments for these services. As of 31.03.2018, the outstanding principal amount was ₹10,73,561/-, with an additional ₹3,36,335.97/- in interest. The Operational Creditor raised four invoices, which were allegedly received by the Corporate Debtor. The invoices stipulated a 21% p.a. penal interest for payments delayed beyond 21 days. The Corporate Debtor, in e-mails dated 14.05.2018, 18.05.2018 and 19.05.2018, admitted to an outstanding amount of ₹10,70,691/-. On 22.05.2018, the Corporate Debtor sent a copy of a cheque for ₹10,73,561/- via e-mail but did not deliver the original

…

## Issues and analysis

### Issue 1: Whether the application under Section 9 of the Insolvency and Bankruptcy Code, 2016 is complete in …

**Ratio:** Section 9 of the IBC outlines the requirements for an application to initiate the

…

**Reasoning:** The NCLT considered the pleadings and documents submitted by both parties and the

…

**Interpretation:** The completeness of the application is a prerequisite for its admission under

…

**Application:** The NCLT found that the application was complete because the Operational

…

## Parties

- **Judges:** V. P. S…; Ravikumar…; +1 more
- **Appellants:** Hermes Travel &…
- **Respondents:** Goodrich Logistics…
- **Advocates:** Jehan M…; Rushabh…; +1 more

## Timeline

- **2018-03-31 — Outstandin…**: Corporate Debtor defaulted in payment of ₹10,73,561/- as principal and ₹3,36,335.97/- as…
- **2018-03-27 — Intimation of…**: Petitioner intimated the Corporate Debtor about the outstanding amount and demanded…

## Legal provisions

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

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/goodrich-logistics-private-limited-cp-2315-ibc-nclt-mah-2018-00fc1af7