# In the matter of PRAFFUL OVERSEAS PRIVATE LIMITED

> NCLT judgment dated 2025-04-01. Citation: TCN-2025-NCLT-00285. The case involves an application filed by Rashtriya Cargo Movers, an operational creditor,…

- **Court:** NCLT
- **Order date:** 1 Apr 2025
- **Citation:** TCN-2025-NCLT-00285
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/prafful-overseas-private-limited-36035acc

## Summary

### Background

The case involves an application filed by Rashtriya Cargo Movers, an operational creditor, under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against Prafful Overseas Private Limited, the corporate debtor, for failing to pay an operational debt. The operational creditor provided transportation services to the corporate debtor from December 1, 2023, to March 15, 2024, for which bills were raised. The corporate debtor defaulted on payments, leading to the application.

## Facts

Rashtriya Cargo Movers, the operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Prafful Overseas Private Limited, the corporate debtor. The operational creditor provided transportation services to the corporate debtor from December 1, 2023, to March 15, 2024, and raised bills for these services. The total amount due, including principal and interest, was Rs. 1,21,85,631/-. The corporate debtor defaulted on payments, with the date of default being December 15, 2023. The operational creditor issued a demand notice on March 23, 2024, which was delivered to the corporate debtor. The corporate debtor admitted to availing the services and owing the

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the Insolvency and Bankruptcy Code, 2016, for initiating …

**Ratio:** The foundational requirements for admitting an application under Section 9 of the

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**Reasoning:** The Adjudicating Authority considered the evidence presented by the applicant, including

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**Interpretation:** Section 9 of the IBC allows an operational creditor to initiate CIRP against a

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**Application:** In this case, the operational creditor, Rashtriya Cargo Movers, provided

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## Parties

- **Judges:** MAHENDRA KHANDELWA…; Sanjeev R…
- **Appellants:** Rashtriya Cargo…
- **Respondents:** Prafful Overseas…

## Timeline

- **2023-12-01 — Service Perio…**: Operational Creditor provided transportation services to the Corporate Debtor from this…
- **2024-03-15 — Service Per…**: Operational Creditor provided transportation services to the Corporate Debtor until this…

## 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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