# In the matter of Schedulers logistics India Pvt. Ltd. C. P. No. 3857-I&B-2019

> NCLT judgment dated 2021-11-16. Citation: TCN-2021-NCLT-00492. S. M. Ghoghai, a proprietary firm, filed a company petition against Schedulers Logistics India…

- **Court:** NCLT
- **Order date:** 16 Nov 2021
- **Citation:** TCN-2021-NCLT-00492
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/schedulers-logistics-india-pvt-ltd-c-p-no-3857-ib-2019-64308d15

## Summary

### Background

S. M. Ghoghai, a proprietary firm, filed a company petition against Schedulers Logistics India Pvt. Ltd., alleging default in payment for transportation services. The petitioner claimed ₹76,04,050/- with 12% interest, invoking Sections 8 & 9 of the Insolvency and Bankruptcy Code, 2016. The Corporate Debtor denied the contents of the demand notice, claiming the work orders were never issued and the invoices were falsely raised. The Corporate Debtor also argued that the petition was not maintainable as it was filed by a sole proprietary concern, and the claim was barred by limitation, as the invoices ranged from 31.03.2015 to 25.09.2016.

## Facts

S. M. Ghoghai, a proprietary firm, provided transportation services to Schedulers Logistics India Pvt. Ltd. The Corporate Debtor allegedly defaulted on payments, leading to a claim of ₹76,04,050/- with 12% interest. The petitioner invoked Sections 8 & 9 of the Insolvency and Bankruptcy Code, 2016. The Corporate Debtor denied issuing work orders and claimed the invoices were falsely raised. The invoices in question spanned from 31.03.2015 to 25.09.2016. The Corporate Debtor admitted liability in an email dated 10th October 2017, seeking reconciliation of accounts. A demand notice was issued on 8th March 2019. The company petition was filed on 24.10.2019. The Corporate Debtor argued the petition was not maintainable as it was filed by a sole proprietorship and the

…

## Issues and analysis

### Issue 1: Whether the company petition is …

**Ratio:** The legal principle applied is that a claim must be filed within the statutory limitation

…

**Reasoning:** The NCLT reasoned that based on the dates of the invoices and the filing date of the

…

**Interpretation:** The interpretation of the limitation period requires that the invoices forming

…

**Application:** The NCLT applied the principle of limitation to the facts of the case, noting

…

## Parties

- **Judges:** H.V. Subb…; Chandra Bha…
- **Appellants:** S. M. Gh…
- **Respondents:** Schedulers…

## Timeline

- **2015-03-31 — Invoice Date Ra…**: Earliest invoice date…
- **2016-09-25 — Invoice Date R…**: Latest invoice date in…

## 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)

---

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/schedulers-logistics-india-pvt-ltd-c-p-no-3857-ib-2019-64308d15