# In the matter of Sapura Engineering & Construction (India) Pvt. Ltd.

> NCLT judgment dated 2024-02-23. Citation: TCN-2024-NCLT-02405. CEVA Logistics India Pvt. Ltd. filed a Company Petition under Section 9 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 23 Feb 2024
- **Citation:** TCN-2024-NCLT-02405
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/sapura-engineering-construction-india-pvt-ltd-59bc3ffa

## Summary

### Background

CEVA Logistics India Pvt. Ltd. filed a Company Petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Sapura Engineering & Constructions (India) Pvt. Ltd., seeking to initiate Corporate Insolvency Resolution Process (CIRP). The petition was based on an operational debt of Rs. 2,25,40,707.31/-, with the date of default stated to be from 27.11.2020 to 20.01.2022. Demand notices were issued but not replied to. The Operational Creditor initially filed a petition against Sapura Fabrication SDN BHD, the holding company, but it was not registered due to the inability to provide the CIN number of the holding company. The present petition was then filed against the group company, Sapura Engineering & Construction (India) Pvt. Ltd.

## Facts

CEVA Logistics India Pvt. Ltd. (Operational Creditor) provided carrier services to Sapura Fabrication SDN BHD (Holding Company). The services included air and sea shipments. Invoices were issued from September 28, 2020, to August 27, 2021, but remained unpaid. The Operational Creditor sent demand notices, but received no reply. The Holding Company acknowledged the debt via email on December 3, 2021, stating that the invoices were uploaded in their system. The initial petition against the Holding Company was not registered due to the lack of a CIN number. The present petition was filed against Sapura Engineering & Constructions (India) Pvt. Ltd. (Corporate Debtor), a group company of the Holding Company. The Corporate Debtor denied the claims, stating no privity of

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## Issues and analysis

### Issue 1: Whether there exists a debt and default on the part of the Corporate Debtor, Sapura Engineering …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, requires the existence of a debt

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**Reasoning:** The tribunal considered the email correspondence from Mr. Paresh Naik, an employee of the

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**Interpretation:** The acknowledgement of debt by an authorized representative of the Corporate

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**Application:** In this case, the email from Mr. Paresh Naik stating that the invoices were

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## Parties

- **Judges:** Reeta K…; Madhu S…
- **Appellants:** CEVA Logistics…
- **Respondents:** Sapura Engineering…
- **Advocates:** Omprakash P…; C. Kesh…

## Timeline

- **2020-11-27 — Date of D…**: The date of default is stated to be…
- **2021-02-13 — Demand N…**: Demand Notice dated 13th February…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 14 — Moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-14)

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