# In the matter of SBS Transpole Logistics Pvt. Ltd. (IB)-1373(ND)2019

> NCLT judgment dated 2019-09-04. Citation: TCN-2019-NCLT-01563. M/s Advance Cargo Movers (India) Pvt. Ltd. (Operational Creditor) filed a petition under…

- **Court:** NCLT
- **Order date:** 4 Sept 2019
- **Citation:** TCN-2019-NCLT-01563
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/sbs-transpole-logistics-pvt-ltd-ib-1373nd2019-b4ab540a

## Summary

### Background

M/s Advance Cargo Movers (India) Pvt. Ltd. (Operational Creditor) filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against SBS Transpole Logistics Pvt. Ltd. (Corporate Debtor). The Operational Creditor claimed to have provided transportation services to the Corporate Debtor, for which an invoice was issued. The Corporate Debtor disputed the claim, alleging a pre-existing dispute and the absence of a formal contract or service order.

## Facts

M/s Advance Cargo Movers (India) Pvt. Ltd. (Operational Creditor) filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against SBS Transpole Logistics Pvt. Ltd. (Corporate Debtor) for an outstanding amount of Rs. 4,22,820, including interest. The Operational Creditor claimed to have provided transportation services to the Corporate Debtor from Mumbai Port (JNPT) to Dahej, for which an invoice dated 24.09.2016 for Rs. 2,46,300 was issued. The Corporate Debtor disputed the claim, stating that there was no formal contract or service order and that a pre-existing dispute existed, as evidenced by an email dated 03.05.2017. The Corporate Debtor also argued that the Operational Creditor had not filed an affidavit in compliance with Section 9(3)(b) of

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## Issues and analysis

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

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

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**Reasoning:** The court considered the submissions and evidence presented by both parties to determine

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**Interpretation:** Section 9 provides the mechanism for operational creditors to recover debts

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**Application:** The court applied Section 9 to the facts of the case, considering the

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## Parties

- **Judges:** Ina Mal…; Shri. L. N.…
- **Appellants:** M/s Advance Cargo…
- **Respondents:** SBS Transpole…

## Timeline

- **2016-09-24 — Invoice…**: Invoice No. 1089 for Rs. 2,46,300 was issued by the Operational Creditor to the Corporate…
- **2016-10-24 — Due Date…**: Due date for the invoice, from which…

## 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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