# 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-00487. The case involves a company petition filed by S. M. Ghoghai, a proprietary firm providing…

- **Court:** NCLT
- **Order date:** 16 Nov 2021
- **Citation:** TCN-2021-NCLT-00487
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/schedulers-logistics-india-pvt-ltd-c-p-no-3857-ib-2019-ab05cc58

## Summary

### Background

The case involves a company petition filed by S. M. Ghoghai, a proprietary firm providing transport services, against Schedulers Logistics India Pvt. Ltd., a company engaged in providing logistical support. Ghoghai sought to initiate the Corporate Insolvency Resolution Process (CIRP) against Schedulers Logistics, alleging a default in payment of ₹76,04,050/- with interest. The transactions pertained to transportation services rendered by Ghoghai to Schedulers Logistics for the transportation of frozen food. Ghoghai claimed that Schedulers Logistics was irregular in payments, despite acknowledging their liability through email dated 10th October 2017. A notice was issued on 8th March 2019 under Section 9 of the Insolvency and Bankruptcy Code, 2016.

## Facts

S. M. Ghoghai, a proprietary firm, provided transport services to Schedulers Logistics India Pvt. Ltd. for transporting frozen food. Schedulers Logistics allegedly defaulted on payments amounting to ₹76,04,050/- with interest. Ghoghai issued a notice on 8th March 2019 under Section 9 of the IBC after Schedulers Logistics failed to make payments despite acknowledging their liability via email on 10th October 2017. Schedulers Logistics denied the debt and claimed the invoices were false. The invoices in question spanned from 31.03.2015 to 25.09.2016. Schedulers Logistics argued that the petition was not maintainable because Ghoghai is a sole proprietor, and the claim was time-barred. The petition was filed on 24.10.2019. The key fact is the date of filing the petition

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## Issues and analysis

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

**Ratio:** The legal principle applied is the limitation period for initiating CIRP under the

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**Reasoning:** The NCLT reasoned that none of the invoices presented by the petitioner were within three

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**Interpretation:** The interpretation of the limitation period is strict. The NCLT emphasized that

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**Application:** The NCLT applied the limitation principle to the specific facts by comparing

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## Parties

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

## Timeline

- **2017-10-10 — Acknowledgment of…**: Schedulers Logistics India Pvt. Ltd. acknowledged their liability for payment of…
- **2019-03-08 — Demand N…**: S. M. Ghoghai issued a demand notice under Section 9 of the Insolvency and Bankruptcy…

## 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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