# In the matter of GPR Resouces Private Limited IBA-582-2020

> NCLT judgment dated 2021-11-01. Citation: TCN-2021-NCLT-00626. Premier Global Logistics Limited, the Operational Creditor, filed an application under Section…

- **Court:** NCLT
- **Order date:** 1 Nov 2021
- **Citation:** TCN-2021-NCLT-00626
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/gpr-resouces-private-limited-iba-582-2020-9b13f322

## Summary

### Background

Premier Global Logistics Limited, the Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against GPR Resources Private Limited, the Corporate Debtor. The Operational Creditor claimed that a sum of Rs. 61,62,583/- was due and payable by the Corporate Debtor for logistics services provided. The Corporate Debtor had issued post-dated cheques that were dishonored due to insufficient funds. Despite legal notices and opportunities, the Corporate Debtor failed to make the payments. The Operational Creditor issued a demand notice under Section 8 of the IBC, 2016, which was served to the Corporate Debtor. The Corporate Debtor did not raise any dispute regarding

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## Facts

Premier Global Logistics Limited (Operational Creditor) provided logistics services to GPR Resources Private Limited (Corporate Debtor) for the export of granites. The Corporate Debtor owed Rs. 61,62,583/- to the Operational Creditor. The Corporate Debtor issued post-dated cheques to fulfill the payment commitment, but these cheques were dishonored due to 'Funds Insufficient'. The Operational Creditor sent legal notices to the Corporate Debtor regarding the dishonor of cheques. The Corporate Debtor revisited its payment schedule and agreed to close the pending amounts. The Corporate Debtor issued two more cheques, which were also dishonored for the same reason. The Operational Creditor issued a notice of demand under Section 8 of the IBC, 2016, to the Corporate Debtor.

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## Issues and analysis

### Issue 1: Whether the Operational Creditor has proved the existence of an operational debt and a default by …

**Ratio:** Section 9(5) of the IBC, 2016, requires the Adjudicating Authority to admit the

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**Reasoning:** The Corporate Debtor issued cheques in favor of the Operational Creditor, which were

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**Interpretation:** The dishonor of cheques issued in discharge of a liability constitutes a

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**Application:** In this case, the Operational Creditor has provided sufficient evidence to

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## Parties

- **Judges:** R. Sucha…; Anil Ku…
- **Appellants:** M/s. Premier…
- **Respondents:** GPR Resources…
- **Advocates:** Suresh…

## Timeline

- **2019-06-27 — Agreemen…**: Agreements dated…
- **2019-08-06 — Agreemen…**: Agreements dated…

## 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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