# In the matter of G.S. Express Private Limited Company Application No. 171 of 2018

> NCLT judgment dated 2018-06-13. Citation: TCN-2018-NCLT-01280. The case involves an application filed by APL Apollo Tubes Limited, an operational creditor,…

- **Court:** NCLT
- **Order date:** 13 Jun 2018
- **Citation:** TCN-2018-NCLT-01280
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/gs-express-private-limited-company-application-no-171-of-2018-7bd4af4d

## Summary

### Background

The case involves an application filed by APL Apollo Tubes Limited, an operational creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against G.S. Express Private Limited, the corporate debtor. The operational creditor claimed that the corporate debtor defaulted on payments for steel tubes and pipes supplied on various occasions. The corporate debtor raised objections regarding the service of notice and the authority of the advocate issuing the notice.

## Facts

APL Apollo Tubes Limited, the operational creditor, filed an insolvency petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against G.S. Express Private Limited, the corporate debtor, for defaulting on payments for supplied steel tubes and pipes. The total debt amounted to Rs. 55,37,542/-, including principal and interest. The operational creditor issued a demand notice dated 22.02.2018, which the corporate debtor allegedly did not reply to. The corporate debtor raised objections regarding the service of notice, claiming it was sent to the wrong address, and the authority of the advocate issuing the notice. The operational creditor argued that the registered office address was verified on the Ministry of Corporate Affairs portal and that the advocate

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## Issues and analysis

### Issue 1: Whether the Petitioner has served any notice under Section 8 of the Insolvency and Bankruptcy Code, …

**Ratio:** The Supreme Court in Macquarie Bank Limited vs. Shilpi Cable Technologies Ltd. held that

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**Reasoning:** The court relied on the Supreme Court's judgment and found that the advocate for the

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**Interpretation:** Section 8 of the IBC requires an operational creditor to deliver a demand

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**Application:** The court applied the ratio of the Supreme Court's judgment to the facts of the

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## Parties

- **Judges:** SH. V.P.…; Saroj Ra…
- **Appellants:** APL Apollo Tubes…
- **Respondents:** G.S. Express…

## Timeline

- **2017-12-17 — Invoice…**: Invoice no. 1795602881…
- **2017-12-24 — Invoice…**: Invoice no. 1795603039…

## 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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