# In the matter of Opus Industries Pvt. Ltd. CP (IB) No. 393-9-HDB-2019

> NCLT judgment dated 2019-09-27. Citation: TCN-2019-NCLT-01219. The case involves an application filed by Lee & Muirhead Private Limited, an operational…

- **Court:** NCLT
- **Order date:** 27 Sept 2019
- **Citation:** TCN-2019-NCLT-01219
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/opus-industries-pvt-ltd-cp-ib-no-393-9-hdb-2019-437a7e08

## Summary

### Background

The case involves an application filed by Lee & Muirhead Private Limited, an operational creditor, against Opus Industries Private Limited, the corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016. The operational creditor claims that the corporate debtor defaulted in paying Rs. 32,24,048. The operational creditor provided services related to cargo consolidation, freight forwarding, and customs clearance for the corporate debtor. The invoices for these services were raised between July 8, 2014, and August 18, 2014. The corporate debtor made partial payments totaling Rs. 1,86,30,260, leaving a balance of Rs. 16,48,819. Despite repeated requests, the corporate debtor failed to clear the outstanding dues, leading the operational creditor

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## Facts

Lee & Muirhead Private Limited (Operational Creditor) filed a petition against Opus Industries Private Limited (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, claiming a default of Rs. 32,24,048. The Operational Creditor provided cargo consolidation, freight forwarding, and customs clearance services to the Corporate Debtor. Invoices were raised between July 8, 2014, and August 18, 2014, totaling Rs. 2,02,79,079, including 24% interest. The Corporate Debtor made part payments of Rs. 1,86,30,260, leaving a balance of Rs. 16,48,819. Despite repeated requests, the Corporate Debtor failed to clear the dues. The Operational Creditor filed a civil suit in Chennai, which was decreed in their favor on September 18, 2017, for Rs. 23,10,059.

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## Issues and analysis

### Issue 1: Whether the Operational Creditor has established an …

**Ratio:** The legal principle is that an operational creditor must demonstrate the existence of an

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**Reasoning:** The court reasoned that the operational creditor had provided sufficient documentary

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**Interpretation:** The interpretation of 'undisputed debt' requires the operational creditor to

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**Application:** In this case, the operational creditor provided invoices and a civil court

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## Parties

- **Judges:** Ratakonda…; Narender Kumar…; +1 more
- **Appellants:** M/s LEE &…
- **Respondents:** M/s OPUS INDUSTRIE…

## Timeline

- **2014-05-01 — Corporate Debtor…**: The Corporate Debtor approached the Operational Creditor around May 2014 to engage their…
- **2014-06-01 — Containers Brought to…**: 27 containers were brought into Chennai around June 2014 and cleared by the Operational…

## Legal provisions

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

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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/opus-industries-pvt-ltd-cp-ib-no-393-9-hdb-2019-437a7e08