# In the matter of Sea-Air Consolidators India Pvt. Ltd. Company Petition No. IB-632-ND-2020

> NCLT judgment dated 2022-08-17. Citation: TCN-2022-NCLT-01338. Hellmann Worldwide Logistics India Private Limited, the operational creditor, filed an…

- **Court:** NCLT
- **Order date:** 17 Aug 2022
- **Citation:** TCN-2022-NCLT-01338
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/sea-air-consolidators-india-pvt-ltd-company-petition-no-ib-632-nd-2020-59776e1a

## Summary

### Background

Hellmann Worldwide Logistics India Private Limited, the operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against Sea Air Consolidators India Private Limited, the corporate debtor, due to an outstanding debt of Rs. 93,71,138. The debt arose from unpaid invoices for freight forwarding and logistics services provided by the operational creditor since 2007. The corporate debtor failed to make payments despite repeated requests, and the operational creditor issued a demand notice under Section 8(1) of the IBC, 2016, which went unanswered.

## Facts

Hellmann Worldwide Logistics India Private Limited (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate CIRP against Sea Air Consolidators India Private Limited (Corporate Debtor). The application was based on an alleged default of Rs. 93,71,138/- for freight forwarding and logistics services. The Operational Creditor has been providing services since 2007. The Corporate Debtor defaulted on payments after 17.09.2016. The Operational Creditor issued a demand notice on 14.12.2017 under Section 8 of the IBC, 2016, which was duly served. The Corporate Debtor did not raise any dispute regarding the debt or the quality of services. The Corporate Debtor failed to appear before the court despite opportunities. The

…

## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor under Section 9 of the Insolvency and …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, allows an operational creditor to

…

**Reasoning:** The court observed that the Operational Creditor had provided sufficient evidence to

…

**Interpretation:** Section 9 provides a mechanism for operational creditors to recover their dues

…

**Application:** The court applied Section 9 to the facts of the case, finding that the

…

## Parties

- **Judges:** DHARMINDER…; L. N. G…
- **Appellants:** Hellmann Worldwide…
- **Respondents:** Sea Air Consolidat…

## Timeline

- **2016-09-17 — First Cause o…**: The Corporate Debtor failed to make…
- **2017-01-14 — Second Cause o…**: The last invoice raised on the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8(1) — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/sea-air-consolidators-india-pvt-ltd-company-petition-no-ib-632-nd-2020-59776e1a