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

> NCLT judgment dated 2024-02-23. Citation: TCN-2024-NCLT-02424. 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-02424
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/sapura-engineering-construction-india-pvt-ltd-e1f00480

## 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 as 27.11.2020 to 20.01.2022. Demand Notices were issued on 4th February 2022 and 13th February 2021, but no reply was received from the Respondent. Initially, the petition was filed against Sapura Fabrication SDN BHD, the holding company, but it was not registered due to the inability to provide the CIN Number. The petitioner claimed that the holding company approached them for carrier services, and services were

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## Facts

CEVA Logistics India Pvt. Ltd. (Operational Creditor) provided carrier services to Sapura Fabrication SDN BHD (Holding Company). These services included air and sea shipments. Invoices were issued between September 28, 2020, and August 27, 2021. The total outstanding amount was Rs. 2,25,40,707.31/-, including principal and interest. The date of default was stated to be from November 27, 2020, to January 20, 2022. Demand notices were sent on February 4, 2022, and February 13, 2021, but were not replied to. The Operational Creditor initially filed the petition against the Holding Company but could not provide the CIN number. The Holding Company acknowledged the debt via email on December 3, 2021. The Bill of Lading and Service orders were addressed to the Holding Company

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## Issues and analysis

### Issue 1: Whether there exists a valid operational debt and default by Sapura Engineering & Constructions …

**Ratio:** Section 9 of the IBC requires the existence of a debt and a default for the admission of

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**Reasoning:** The NCLT considered the invoices, the demand notices, and the email correspondence

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**Interpretation:** Section 9 of the IBC is interpreted to mean that if a debt is acknowledged and

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**Application:** The NCLT applied the ratio to the facts, finding that the invoices and the

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## Parties

- **Judges:** Reeta K…; Madhu S…
- **Appellants:** CEVA Logistics…
- **Respondents:** Sapura Engineering…

## Timeline

- **2020-09-28 — Invoice Issuan…**: The Petitioner started issuing…
- **2021-08-27 — Invoice Issua…**: The Petitioner stopped issuing…

## 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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