# In the matter of Peregrine India Logix Private Limited Company Petition (IB) No. 205-ND-2020

> NCLT judgment dated 2022-02-21. Citation: TCN-2022-NCLT-04021. The case pertains to a petition filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 21 Feb 2022
- **Citation:** TCN-2022-NCLT-04021
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/peregrine-india-logix-private-limited-company-petition-ib-no-205-nd-2020-69f3a904

## Summary

### Background

The case pertains to a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, by Sunman Corporate Services Private Limited (the operational creditor) for initiating the Corporate Insolvency Resolution Process (CIRP) against Peregrine India Logix Private Limited (the corporate debtor). The operational creditor claimed default in payment for logistics support provided to the corporate debtor.

## Facts

Sunman Corporate Services Private Limited (operational creditor) filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Peregrine India Logix Private Limited (corporate debtor) for initiation of the Corporate Insolvency Resolution Process (CIRP). The operational creditor provided logistics support to the corporate debtor and claimed that invoices raised for the same were due and payable. The outstanding principal amount included Rs. 25,715/- for Invoice No. 267 dated 16.10.2018, Rs. 43,044/- for Invoice No. 307 dated 01.11.2018, Rs. 70,318/- for Invoice No. 343 dated 16.11.2018, Rs. 74,234/- for Invoice No. 380 dated 01.12.2018, and Rs. 27,668/- for Invoice No. 424 dated 17.12.2018. The operational creditor is registered under the MSME

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## Issues and analysis

### Issue 1: Whether the operational creditor has …

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

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**Reasoning:** The court noted that the respondent denied the amount claimed by the applicant but did

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**Interpretation:** The court interpreted the provisions of Section 9 to require the operational

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**Application:** The court found that the operational creditor had provided sufficient evidence

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## Parties

- **Judges:** Sh. Abni Ranjan…; Sh. Avinash K.…
- **Appellants:** Sunman Corporate…
- **Respondents:** Peregrine India…
- **Advocates:** Samiksha G…

## Timeline

- **2018-10-16 — Invoice No. 2…**: Date of Invoice No. 267…
- **2018-11-01 — Invoice No. 3…**: Date of Invoice No. 307…

## 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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