# In the matter of Pickthemup Technologies Private Limited TP No. 118-17 in CP No. 274-16

> NCLT judgment dated 2017-11-13. Citation: TCN-2017-NCLT-00215. FedEx Express Transportation and Supply Chain Service (India) Private Limited filed a petition…

- **Court:** NCLT
- **Order date:** 13 Nov 2017
- **Citation:** TCN-2017-NCLT-00215
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/pickthemup-technologies-private-limited-tp-no-118-17-in-cp-no-274-16-38bce66b

## Summary

### Background

FedEx Express Transportation and Supply Chain Service (India) Private Limited filed a petition for winding up against Pickthemup Technologies Private Limited under Section 433(e) read with 434 of the Companies Act, 1956, before the High Court of Karnataka on December 2, 2016. The case was transferred to the National Company Law Tribunal (NCLT), Bengaluru Bench, following a notification from the Ministry of Corporate Affairs. FedEx, an operational creditor, claimed Pickthemup availed their services from September 18, 2015, with outstanding invoices.

## Facts

FedEx Express Transportation and Supply Chain Service (India) Private Limited, an operational creditor, filed a petition to initiate the corporate insolvency resolution process (CIRP) against Pickthemup Technologies Private Limited, the corporate debtor. The petition was initially filed before the High Court of Karnataka and later transferred to the NCLT Bengaluru. FedEx claimed that Pickthemup had availed their services since September 18, 2015, and invoices for these services remained unpaid. FedEx issued a demand notice as per the Insolvency and Bankruptcy Rules, 2016, and provided proof of delivery. A certificate from Bank of America confirmed that Pickthemup had not made any payments to FedEx between September 15, 2017, and September 26, 2017. Despite notices

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## Issues and analysis

### Issue 1: Whether the petition filed by the operational creditor, FedEx Express Transportation and Supply …

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

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**Reasoning:** The Tribunal considered the evidence presented by FedEx, including the demand notice,

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

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**Application:** Based on the evidence and the lack of response from Pickthemup, the Tribunal

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## Parties

- **Judges:** Ratakonda…; Ashok Kumar…; +1 more
- **Appellants:** FedEx Express…
- **Respondents:** Pickthemup…

## Timeline

- **2016-12-02 — Petition…**: FedEx filed a petition for winding up against Pickthemup Technologies Private Limited…
- **2016-12-07 — Notification…**: Ministry of Corporate Affairs issued…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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