# in the matter of Trading Engineers (International) Ltd. (IB)-2334(ND)2019

> NCLT judgment dated 2019-12-19. Citation: TCN-2019-NCLT-00075. The case originates from a petition filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 19 Dec 2019
- **Citation:** TCN-2019-NCLT-00075
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/trading-engineers-international-ltd-ib-2334nd2019-0ea75955

## Summary

### Background

The case originates from a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) by M/s Surat Goods Transport Pvt. Ltd. (Operational Creditor) against M/s Trading Engineers (International) Ltd. (Corporate Debtor). The Operational Creditor claims that the Corporate Debtor defaulted on payments for transportation facilities provided. The Operational Creditor issued a demand notice dated 24.07.2019 under Section 8 of IBC 2016 after the Corporate Debtor failed to liquidate its dues.

## Facts

M/s Surat Goods Transport Pvt. Ltd. (Operational Creditor) filed a petition against M/s Trading Engineers (International) Ltd. (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, claiming unpaid dues for transportation services. The Operational Creditor submitted that they provided transportation facilities to the Corporate Debtor, and invoices were delivered and accepted. The total amount claimed was Rs. 1,35,037, excluding interest at 18% per annum. The last payment received by the Operational Creditor was Rs. 25,000 on 30.12.2017. The Operational Creditor issued a demand notice dated 24.07.2019, which was served on 29.07.2019. The Corporate Debtor did not respond to the demand notice and did not appear during the court proceedings. The

…

## Issues and analysis

### Issue 1: Whether the petition filed by the Operational Creditor is complete and establishes a default in …

**Ratio:** Section 9 of the IBC allows an operational creditor to initiate corporate insolvency

…

**Reasoning:** The court found that the petition was complete and the documents submitted by the

…

**Interpretation:** The court interpreted Section 9 of the IBC to mean that if the operational

…

**Application:** The court applied this interpretation to the facts of the case, noting that the

…

## Parties

- **Judges:** Ch. Mohd Sharief…; Shri. L. N.…
- **Appellants:** M/s Surat Goods…
- **Respondents:** M/s. Trading…

## Timeline

- **2017-12-30 — Last Payment…**: The Operational Creditor received a payment…
- **2019-06-03 — Board Reso…**: Board's Resolution date authorizing Mr. Kapil Dev Singh to represent the Operational…

## 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)

---

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/trading-engineers-international-ltd-ib-2334nd2019-0ea75955