# 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-03239. 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-03239
- **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-2019-6d210693

## 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 provided transportation services to the corporate debtor, raising invoices between December 6, 2016, and July 4, 2017. The corporate debtor made a partial payment on October 9, 2017, but 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. The Corporate Debtor failed to pay Rs. 81,65,861 for these services, with the date of default being October 10, 2017. The Operational Creditor issued a statutory demand notice on April 7, 2019, which was delivered on May 15, 2019. The Corporate Debtor responded on May 23, 2019, claiming the notice was invalid. The Corporate Debtor was set ex-parte for failing to file a reply. The Corporate Debtor had acknowledged the debt in an email dated February 11, 2017, promising payment. The application was filed on July 25, 2019. The authorized share capital of the Corporate Debtor is Rs. 2,50,00,000

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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 application made by the Operational Creditor

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**Interpretation:** This means that the application contained all the necessary information and

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**Application:** The court determined that the Operational Creditor had fulfilled all the

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## Parties

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

## Timeline

- **2016-12-06 — Invoices…**: Operational Creditor raised invoices for transportation services from December 6, 2016,…
- **2017-07-04 — Invoices…**: Operational Creditor raised invoices for transportation services from December 6, 2016,…

## 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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