# In the matter of SICAL Logistics Limited IBA-73-2020

> NCLT judgment dated 2021-03-10. Citation: TCN-2021-NCLT-02740. M/s. MOL TOYOFUJI Automotive Logistics (India) Private Limited, the Operational Creditor, filed…

- **Court:** NCLT
- **Order date:** 10 Mar 2021
- **Citation:** TCN-2021-NCLT-02740
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/sical-logistics-limited-iba-73-2020-6b2ad1fe

## Summary

### Background

M/s. MOL TOYOFUJI Automotive Logistics (India) Private Limited, the Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s. Sical Logistics Limited, the Corporate Debtor, for a default amount of Rs. 42,56,675/- out of a total outstanding of Rs. 1,52,74,792/-. The Operational Creditor claimed that the Corporate Debtor had availed yard handling and stevedoring services at various ports between October 2016 and May 2017, for which invoices were raised. The Corporate Debtor admitted to the debt but failed to make payments despite repeated requests. The Corporate Debtor raised objections regarding the name of the company, pecuniary jurisdiction, and

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## Facts

M/s. MOL TOYOFUJI Automotive Logistics (India) Private Limited (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against M/s. Sical Logistics Limited (Corporate Debtor). The Operational Creditor provided yard handling and stevedoring services to the Corporate Debtor at various ports from October 2016 to May 2017. The total invoice amount was Rs. 1,52,74,792/-, out of which Rs. 42,56,675/- remained unpaid. The Corporate Debtor admitted the debt but failed to pay. The last payment was made on 19.01.2019. The Operational Creditor issued a demand notice on 13.11.2019, which was received by the Corporate Debtor on 15.11.2019. The Corporate Debtor approached the Operational Creditor for settlement, but negotiations

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## Issues and analysis

### Issue 1: Whether the application is maintainable despite the incorrect name of the Corporate Debtor in the …

**Ratio:** An inadvertent typographical error in the name of the Corporate Debtor does not

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**Reasoning:** The Tribunal noted that the incorrect name was an inadvertent typographical error. The

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**Interpretation:** The law recognizes that minor errors or irregularities should not invalidate

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**Application:** The Tribunal found that the error in the name of the Corporate Debtor was an

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## Parties

- **Judges:** R. VARADH…; Anil Ku…
- **Appellants:** M/s. MOL TOYOFUJI…
- **Respondents:** M/s. Sical…

## Timeline

- **2016-10-01 — Service Perio…**: The Operational Creditor started providing yard handling and stevedoring services to the…
- **2017-05-31 — Service Per…**: The Operational Creditor ended providing yard handling and stevedoring services to the…

## 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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