# In the matter of Linbert Travels Pvt. Ltd. C.P (IB) No.1832-KB-2019

> NCLT judgment dated 2022-01-13. Citation: TCN-2022-NCLT-04445. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 13 Jan 2022
- **Citation:** TCN-2022-NCLT-04445
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/linbert-travels-pvt-ltd-cp-ib-no1832-kb-2019-a57cf3c6

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Riya Travel & Tours (I) Pvt. Ltd. (Operational Creditor) against Linbert Travels Pvt. Ltd. (Corporate Debtor) for unpaid operational debt. The Operational Creditor provided travel-related services to the Corporate Debtor between 2018-04-02 and 2018-07-07, raising 104 invoices amounting to Rs. 9,73,307. The Corporate Debtor allegedly failed to make any payments against these invoices, leading to the default.

## Facts

Riya Travel & Tours (I) Pvt. Ltd. (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Linbert Travels Pvt. Ltd. (Corporate Debtor) for an unpaid operational debt of Rs. 9,73,307. The debt arose from travel-related services provided by the Operational Creditor to the Corporate Debtor between 2018-04-02 and 2018-07-07, for which 104 invoices were raised. The Corporate Debtor allegedly failed to make any payments against these invoices. The Operational Creditor issued a demand notice dated 2019-06-06, which was served on the Corporate Debtor. The Corporate Debtor did not reply to the demand notice. The Corporate Debtor admitted to the business relationship and acknowledged the debt in an email dated

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor under Section 9 of the Insolvency and …

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

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**Reasoning:** The Adjudicating Authority found that the Corporate Debtor had failed to make the payment

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**Interpretation:** Section 9 provides a mechanism for operational creditors to recover their dues

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**Application:** In this case, the Adjudicating Authority found that the Operational Creditor

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## Parties

- **Judges:** Rohit K…; Harish Chander…; +1 more
- **Appellants:** Riya Travel &…; RIYA TRAVEL &…
- **Respondents:** LINBERT TRAVELS…

## Timeline

- **2018-04-02 — Service Perio…**: Start of the period during which the Operational Creditor provided travel-related…
- **2018-07-07 — Service Per…**: End of the period during which the Operational Creditor provided travel-related services…

## 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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