# In the matter of Tescos Life Care Pvt. Ltd. 
IB-2486-(ND)-2019

> NCLT judgment dated 2021-04-01. Citation: TCN-2021-NCLT-02505. Sealair Freighters International Private Limited, as the operational creditor, filed an…

- **Court:** NCLT
- **Order date:** 1 Apr 2021
- **Citation:** TCN-2021-NCLT-02505
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/tescos-life-care-pvt-ltd-ib-2486-nd-2019-d574302b

## Summary

### Background

Sealair Freighters International Private Limited, as the operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate the corporate insolvency resolution process (CIRP) against Tescos Life Care Private Limited, the corporate debtor, due to an alleged default of Rs. 31,60,990/- for services provided. The operational creditor claimed to have provided freight services to the corporate debtor, with invoices raised for goods sent to Frankfurt and Amsterdam. The corporate debtor allegedly issued cheques towards part payments, which were later dishonored.

## Facts

Sealair Freighters International Private Limited (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Tescos Life Care Private Limited (Corporate Debtor) for an alleged default of Rs. 31,60,990/-. The Operational Creditor claimed to have provided freight services, sending goods to Frankfurt and Amsterdam based on invoices AE-03542, AE-03543, AE-03645, AE-03646, AE-00002, and AE-00001 between March and April 2017. Cheques numbered 984480 and 984479, issued by the Corporate Debtor for part payments, were dishonored due to 'EXCEEDS ARRANGMENT'. Further cheques numbered 984483 and 984482 were also issued. A statutory demand notice dated 11.02.2019 was delivered to the Corporate Debtor on 09.08.2019. The Corporate

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## Issues and analysis

### Issue 1: Whether there was a pre-existing dispute between the operational creditor and the corporate debtor …

**Ratio:** The ratio decidendi is based on the principle that for an application under Section 9 of

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**Reasoning:** The Tribunal reasoned that the email communications between the operational creditor and

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**Interpretation:** The interpretation of the law is that the existence of a dispute, as defined

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**Application:** In this specific case, the Tribunal applied the ratio and reasoning by

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## Parties

- **Judges:** SHRI. P.S.N.…; SHRI. VK. S…
- **Appellants:** Sealair Freighters…
- **Respondents:** Tescos Life Care…

## Timeline

- **2017-03-11 — Corporate Debtor…**: The Corporate Debtor contacted the Operational…
- **2017-03-12 — Terminal Charges…**: Terminal charges were generated 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)

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