# In the matter of Bafna Health Care Private Limited C.P. (IB)-4105(MB)-2019

> NCLT judgment dated 2022-06-03. Citation: TCN-2022-NCLT-02420. The case originates from a Company Petition filed by M/s. C. H. Robinson Worldwide Freight…

- **Court:** NCLT
- **Order date:** 3 Jun 2022
- **Citation:** TCN-2022-NCLT-02420
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/bafna-health-care-private-limited-cp-ib-4105mb-2019-fa8fe94c

## Summary

### Background

The case originates from a Company Petition filed by M/s. C. H. Robinson Worldwide Freight India Private Limited (Operational Creditor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against Bafna Healthcare Pvt. Ltd. (Corporate Debtor). The Operational Creditor alleges that the Corporate Debtor defaulted in making payment for services rendered.

## Facts

M/s. C. H. Robinson Worldwide Freight India Private Limited (Operational Creditor) filed a petition against Bafna Healthcare Pvt. Ltd. (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP). The Operational Creditor claimed that the Corporate Debtor defaulted on payments totaling Rs. 14,47,476/- since June 30, 2018, which was the due date of the last invoice. The Operational Creditor provided services related to Air and Ocean Forwarding, Inland Transportation, Warehousing, and Customs Clearance. They regularly handled import shipments for the Corporate Debtor in April and May 2018, raising 9 invoices between April 25, 2018, and May 31, 2018. The Corporate Debtor made a part

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor defaulted in …

**Ratio:** The legal principle applied is that if a corporate debtor defaults in making payment of a

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**Reasoning:** The court reasoned that the Operational Creditor presented sufficient evidence to

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**Interpretation:** The interpretation of the law is that a default occurs when the Corporate

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**Application:** In this case, the Corporate Debtor failed to make payment for the services

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## Parties

- **Judges:** P.N. Des…; Shyam Babu…
- **Appellants:** M/s. C.H.…
- **Respondents:** Bafna Health Care…

## Timeline

- **2018-04-01 — Services Re…**: Operational Creditor handled import shipments for the Corporate Debtor in April and May…
- **2018-04-25 — Invoices…**: Operational Creditor raised 9 Invoices…

## 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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