# In the matter of Salebhai Internet Limited CP(IB) 61 of 2019

> NCLT judgment dated 2021-12-08. Citation: TCN-2021-NCLT-00238. BVC Tradeport Private Limited, the Operational Creditor, filed an application under Section 9…

- **Court:** NCLT
- **Order date:** 8 Dec 2021
- **Citation:** TCN-2021-NCLT-00238
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/salebhai-internet-limited-cpib-61-of-2019-1e05ecea

## Summary

### Background

BVC Tradeport Private Limited, the Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Salebhai Internet Limited, the Corporate Debtor, due to a default of Rs. 7,00,297/-. The Operational Creditor provides outsourced logistic services, while the Corporate Debtor is an e-commerce portal. A service agreement was entered into between the parties on 31.08.2016, for the Operational Creditor to deliver products to the Corporate Debtor's customers. The Corporate Debtor failed to pay the outstanding amount, leading to the Operational Creditor sending multiple reminders and notices.

## Facts

BVC Tradeport Private Limited (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Salebhai Internet Limited (Corporate Debtor) for initiating Corporate Insolvency Resolution Process (CIRP). The Operational Creditor provides outsourced logistic services through its website www.vamaship.com. The Corporate Debtor is an e-commerce portal offering various products. A service agreement was established on 31.08.2016, where the Operational Creditor would deliver products to the Corporate Debtor's customers. The Corporate Debtor failed to pay the outstanding amount of Rs. 7,00,297/-, which included interest and legal costs. The Operational Creditor sent a letter on 30.11.2017, claiming Rs. 6,23,134.30/-, to which the

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## Issues and analysis

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

**Ratio:** Section 9 of the IBC, 2016 allows an operational creditor to initiate CIRP against a

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**Reasoning:** The Adjudicating Authority considered the facts presented by the Operational Creditor and

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**Interpretation:** Section 9 of the IBC, 2016, provides the framework for an operational creditor

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**Application:** The Adjudicating Authority found that the application filed by the Operational

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## Parties

- **Judges:** Madan B.…; Ajai Das Me…
- **Appellants:** BVC Tradeport Pvt…
- **Respondents:** Salebhai Internet…; Salebhai Internet…

## Timeline

- **2016-08-31 — Service Agr…**: The Corporate Debtor entered into a service agreement with the Operational Creditor for…
- **2017-11-30 — Letter Claimi…**: The Operational Creditor sent a letter to the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8(1) — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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