# In the matter of Kairali Shipping Agencies Pvt. Ltd. C.P. No. IB - 1056-(ND)-2018

> NCLT judgment dated 2018-12-17. Citation: TCN-2018-NCLT-00067. M/s BSL Freight Solutions Pvt. Ltd. filed an application against M/s Kairali Shipping Agencies…

- **Court:** NCLT
- **Order date:** 17 Dec 2018
- **Citation:** TCN-2018-NCLT-00067
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/kairali-shipping-agencies-pvt-ltd-cp-no-ib-1056-nd-2018-00e0bf2a

## Summary

### Background

M/s BSL Freight Solutions Pvt. Ltd. filed an application against M/s Kairali Shipping Agencies Pvt. Ltd. under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate the Corporate Insolvency Resolution Process (CIRP) for alleged default in settling dues for freight forwarding and transportation services. The respondent had approached the applicant in May 2017 for these services, and the applicant rendered services based on requests made via telephone or email. The applicant raised invoices, and the respondent made partial payments but failed to clear the outstanding dues despite repeated assurances and communications.

## Facts

M/s BSL Freight Solutions Pvt. Ltd. (Applicant) provided freight forwarding and transportation services to M/s Kairali Shipping Agencies Pvt. Ltd. (Respondent) starting in May 2017. The Respondent requested these services via telephone and email. The Applicant raised invoices totaling Rs. 11,36,508.33/-. The Respondent paid Rs. 2,71,412/- and deducted TDS of Rs. 4,406/-, leaving an outstanding balance of Rs. 8,60,667.55/-. Mr. Hari Narayan, the director of the Respondent, acknowledged the debt via email on 06.09.2017 and promised to clear the dues by 15.11.2017, and again on 13.12.2017, but failed to do so. The Applicant issued demand notices under Section 8 of the Insolvency and Bankruptcy Code, 2016, on 13.06.2018 and 14.06.2018, which were returned undelivered. A

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## Issues and analysis

### Issue 1: Whether the Respondent defaulted in settling the dues of the Applicant for freight forwarding and …

**Ratio:** The Insolvency and Bankruptcy Code, 2016, allows for the initiation of CIRP upon default

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**Reasoning:** The Tribunal noted that the Respondent had availed services from the Applicant and

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**Interpretation:** The legal principle is that a default occurs when a debt is not paid when it is

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**Application:** The Respondent's failure to pay the outstanding amount, despite acknowledging

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## Parties

- **Judges:** R. VARADH…; V.K. SUB…
- **Appellants:** M/s BSL Freight…
- **Respondents:** M/s Kairali…
- **Advocates:** Lakshay D…; Sunav Ra…

## Timeline

- **2017-05-01 — Respondent Approached…**: The Respondent approached the Applicant in May 2017 for availing forwarding and…
- **2017-09-06 — Director Acknowledged…**: The director of the Respondent, Mr. Hari Narayan, accepted his liability towards payment…

## 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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