# In the matter of Safe Cargo Movers Private Limited C.P. (IB) No. 1227-KB-2019

> NCLT judgment dated 2022-04-18. Citation: TCN-2022-NCLT-03233. Trux App Private Limited filed a petition under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 18 Apr 2022
- **Citation:** TCN-2022-NCLT-03233
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/safe-cargo-movers-private-limited-cp-ib-no-1227-kb-2019-2ecca6e7

## Summary

### Background

Trux App Private Limited filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Safe Cargo Movers Private Limited, alleging failure to pay a sum of Rs. 81,65,861. The operational creditor, Trux App Private Limited, provided transportation services to the corporate debtor, Safe Cargo Movers Private Limited, and raised invoices between December 6, 2016, and July 4, 2017. The last part payment was made on October 9, 2017, after which the outstanding dues remained uncleared. A statutory demand notice was issued on April 7, 2019, and delivered on May 15, 2019, to which the corporate debtor replied, claiming the notice was invalid and incomplete.

## Facts

Trux App Private Limited (Operational Creditor) provided transportation services to Safe Cargo Movers Private Limited (Corporate Debtor) between December 6, 2016, and July 4, 2017, raising invoices for these services. The last part payment was made by the Corporate Debtor on October 9, 2017, leaving an outstanding amount of Rs. 81,65,861. The date of default is October 10, 2017. Trux App Private Limited issued a statutory demand notice on April 7, 2019, which was delivered on May 15, 2019. Safe Cargo Movers Private Limited responded on May 23, 2019, claiming the notice was invalid. The petition was filed on July 25, 2019. The Corporate Debtor was set ex-parte after failing to file a reply despite repeated opportunities. The Corporate Debtor had acknowledged the debt in

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor is complete and in compliance with the …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, outlines the requirements for an

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**Reasoning:** The Adjudicating Authority found that the petition made by the Operational Creditor was

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**Interpretation:** Section 9 mandates that the application must contain all necessary information

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**Application:** The court determined that the Operational Creditor's application met all the

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## Parties

- **Judges:** Rajasekha…; Balraj…
- **Appellants:** Trux App Private…
- **Respondents:** Safe Cargo Movers…

## Timeline

- **2016-12-06 — Invoices…**: Separate invoices were raised by the Operational Creditor for transportation services…
- **2017-07-04 — Invoices…**: Separate invoices were raised by the Operational Creditor for transportation services…

## 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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