# In the matter of Hindustan Online Trade Pvt. Ltd. (IB)-1753(ND) 2019

> NCLT judgment dated 2019-10-16. Citation: TCN-2019-NCLT-00968. The case involves a petition filed by Simba Logistics Private Limited, the Operational…

- **Court:** NCLT
- **Order date:** 16 Oct 2019
- **Citation:** TCN-2019-NCLT-00968
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/hindustan-online-trade-pvt-ltd-ib-1753nd-2019-2a5e8772

## Summary

### Background

The case involves a petition filed by Simba Logistics Private Limited, the Operational Creditor, against Hindustan Online Trade Pvt. Ltd., the Corporate Debtor, under Section 9 of the Insolvency & Bankruptcy Code, 2016. The Operational Creditor provided logistics services to the Corporate Debtor, and a Merchant Agreement was entered into between them on 07.10.2018. The Corporate Debtor failed to fully pay for the services rendered, leading to the filing of this petition.

## Facts

Simba Logistics Private Limited (Operational Creditor) provided logistics services to Hindustan Online Trade Pvt. Ltd. (Corporate Debtor) under a Merchant Agreement dated 2018-10-07. The Corporate Debtor placed orders for pickup and shipping on a regular basis. The Corporate Debtor made full payment for one invoice, partial payments for two invoices, and failed to pay for four invoices. The Operational Creditor issued a demand notice on 2019-04-18, claiming a total of Rs. 6,39,817.3/-, which included a principal outstanding amount of Rs. 2,46,576.70/- and interest of Rs. 3,93,240.6/-. The demand notice was served on 2019-04-22. The Corporate Debtor failed to liquidate its liability, leading the Operational Creditor to file a petition under Section 9 of the Insolvency

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## Issues and analysis

### Issue 1: Whether the petition filed by the Operational Creditor under Section 9 of the Insolvency & …

**Ratio:** Section 9 of the Insolvency & Bankruptcy Code, 2016 allows an operational creditor to

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**Reasoning:** The court noted that the Operational Creditor had provided services to the Corporate

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**Interpretation:** Section 9 provides a mechanism for operational creditors to recover outstanding

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**Application:** The court applied Section 9 to the facts, finding that the Operational Creditor

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## Parties

- **Judges:** (RETD.) RAJESH…; SUMITAPURKA…
- **Appellants:** SIMBA LOGISTICS…
- **Respondents:** HINDUSTAN ONLINE…

## Timeline

- **2018-10-07 — Merchant Ag…**: A Merchant Agreement was entered into between Simba Logistics Private Limited and…
- **2018-10-01 — Services A…**: From October 2018 to April 2019, Hindustan Online Trade Pvt. Ltd. availed services from…

## 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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