# In the matter of Eashkrupa Shipping & Logistics (I) Private Limited

> NCLT judgment dated 2023-10-20. Citation: TCN-2023-NCLT-01056. LCL Logistix (India) Pvt. Ltd. filed a company petition against Eashkrupa Shipping & Logistics…

- **Court:** NCLT
- **Order date:** 20 Oct 2023
- **Citation:** TCN-2023-NCLT-01056
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/eashkrupa-shipping-logistics-i-private-limited-034c7ba4

## Summary

### Background

LCL Logistix (India) Pvt. Ltd. filed a company petition against Eashkrupa Shipping & Logistics India Private Limited, seeking to initiate Corporate Insolvency Resolution Process (CIRP). The petition alleges that the Corporate Debtor defaulted in making payment to the Petitioner for services rendered. The petition was filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, based on the Corporate Debtor's failure to pay Rs. 2,13,89,662.85/-.

## Facts

LCL Logistix (India) Pvt. Ltd. (the Operational Creditor) filed a petition against Eashkrupa Shipping & Logistics India Private Limited (the Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate CIRP. The Operational Creditor is engaged in the business of sea freight, air freight, container freight, warehousing, and related services. The Corporate Debtor approached the Operational Creditor for transportation services, and the Operational Creditor provided these services and raised invoices. The Corporate Debtor made partial payments via cheques, which were subsequently dishonored with the remark "Payment Stopped by Drawer". The Operational Creditor initiated proceedings under Section 138 of the Negotiable

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## Issues and analysis

### Issue 1: Whether the Operational Creditor has established the existence of an operational debt and default …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016 allows an operational creditor to

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**Reasoning:** The court considered the invoices raised by the Operational Creditor for services

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**Interpretation:** The term 'operational debt' includes a claim in respect of the provision of

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**Application:** The Operational Creditor provided transportation services to the Corporate

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## Parties

- **Judges:** Kuldip Kumar…; ANURADHA SANJAY…
- **Appellants:** LCL Logistix…
- **Respondents:** Eashkrupa…
- **Advocates:** Omprakash P…; Ashish…

## Timeline

- **2019-06-12 — Invoice Perio…**: Invoices pertain to the period…
- **2019-07-08 — Invoice Per…**: Invoices pertain 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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