# 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-01349. Hellmann Worldwide Logistics India Private Limited, the operational creditor, filed an…

- **Court:** NCLT
- **Order date:** 17 Aug 2022
- **Citation:** TCN-2022-NCLT-01349
- **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-2020-9f320073

## 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 alleged default. The operational creditor claimed an outstanding balance of Rs. 93,71,138/- for freight forwarding services. The corporate debtor failed to pay its dues despite repeated requests and a demand notice issued under Section 8(1) of the IBC, 2016. The corporate debtor did not raise any objections or disputes regarding the operational debt.

## Facts

Hellmann Worldwide Logistics India Private Limited (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Sea Air Consolidators India Private Limited (Corporate Debtor). The Operational Creditor claimed that the Corporate Debtor defaulted on payments amounting to Rs. 93,71,138/- for freight forwarding services. The Operational Creditor had been providing services to the Corporate Debtor since 2007. The Corporate Debtor made payments until 17.09.2016, after which defaults occurred. The Operational Creditor issued a demand notice under Section 8(1) of the IBC, 2016, which was duly served. The Corporate Debtor did not raise any objections or disputes

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## 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

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**Reasoning:** The court considered the provisions of Section 9 of the IBC, 2016, and the related rules.

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

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**Application:** The court found that the operational creditor had complied with the

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## 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)

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