# In the matter of Logistic Linkage India Private Limited (IB)-353(ND)2020

> NCLT judgment dated 2022-05-17. Citation: TCN-2022-NCLT-02734. M/s. TCI International Logistics GMBH, the Operational Creditor, filed a petition under Section…

- **Court:** NCLT
- **Order date:** 17 May 2022
- **Citation:** TCN-2022-NCLT-02734
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/logistic-linkage-india-private-limited-ib-353nd2020-09ab4c5f

## Summary

### Background

M/s. TCI International Logistics GMBH, the Operational Creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s. Logistics Linkage India Private Limited, the Corporate Debtor, due to unpaid operational debt. The Operational Creditor claimed that it provided air freight services from Frankfurt, Germany, to Delhi, India, and the Corporate Debtor failed to pay for these services. The application was filed due to the Corporate Debtor's failure to make payments against invoices issued between December 2018 and February 2019.

## Facts

M/s. TCI International Logistics GMBH (Operational Creditor) provided air freight services to M/s. Logistics Linkage India Private Limited (Corporate Debtor) for shipments from Frankfurt, Germany, to Delhi, India. The Operational Creditor issued invoices for these services between December 2018 and February 2019. The Corporate Debtor failed to make payments against these invoices, resulting in an outstanding operational debt of Rs. 4,32,967/-. The Operational Creditor issued a demand notice on 04.12.2019 under Section 8 of the IBC, 2016. The Corporate Debtor claimed a pre-existing dispute regarding the service and timely delivery of goods. However, the Corporate Debtor admitted its liability in an email dated 17.12.2019. The authorized share capital of the Corporate

…

## Issues and analysis

### Issue 1: Whether the Operational Creditor has established a default on the part of the Corporate Debtor in …

**Ratio:** Section 9(5) of the IBC allows for the admission of a petition if the operational debt

…

**Reasoning:** The court perused the pleadings and material on record and found that the Operational

…

**Interpretation:** Section 9 of the IBC provides a mechanism for operational creditors to initiate

…

**Application:** In this case, the Operational Creditor provided invoices and evidence of

…

## Parties

- **Judges:** ABNI RANJAN KUMAR…; L. N. G…
- **Appellants:** M/s. TCI Internati…
- **Respondents:** M/s. Logistics…

## Timeline

- **2018-12-01 — Invoices…**: The Operational Creditor issued invoices to the Corporate Debtor for services rendered…
- **2019-12-04 — Demand Notice…**: The Operational Creditor issued a demand notice to the Corporate Debtor under Section 8…

## 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-division-bench-court-i-chenn/logistic-linkage-india-private-limited-ib-353nd2020-09ab4c5f