# In the matter of Smaash Entertainment Private Limited

> NCLT judgment dated 2023-12-22. Citation: TCN-2023-NCLT-00072. The case involves an application filed by CH Robinson Worldwide Freight India Pvt. Ltd. against…

- **Court:** NCLT
- **Order date:** 22 Dec 2023
- **Citation:** TCN-2023-NCLT-00072
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/smaash-entertainment-private-limited-8e499efb

## Summary

### Background

The case involves an application filed by CH Robinson Worldwide Freight India Pvt. Ltd. against Bhrugesh Amin, the Resolution Professional of Smaaash Entertainment Private Limited, challenging the rejection of their claim as an operational creditor. The applicant sought inclusion of their claim in the list of claims against the Corporate Debtor, Smaaash Entertainment Private Limited. The applicant's claim stems from unpaid invoices for freight forwarding and customs clearance services provided to the Corporate Debtor. The Resolution Professional rejected the claim, arguing that the debt arose out of consent terms and should not be treated as an operational debt. The applicant contends that the original debt was for services rendered and the consent terms merely

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## Facts

CH Robinson Worldwide Freight India Pvt. Ltd. (the Applicant) provided freight forwarding and customs clearance services to Smaaash Entertainment Private Limited (the Corporate Debtor). The Applicant raised invoices totaling Rs. 50,04,972/- for these services. The Corporate Debtor failed to pay the invoices. The Applicant issued a demand notice under the Insolvency and Bankruptcy Code (IBC) in 2019. The Corporate Debtor admitted the liability and promised to make payment. The Applicant filed CP(IB)/3759(MB)/2019 before the NCLT. During the pendency of the petition, the Applicant and the Corporate Debtor entered into consent terms, which were recorded by the Tribunal on 02.03.2020. The consent terms were breached, and the parties entered into fresh consent terms on

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## Issues and analysis

### Issue 1: Whether the claim of the Applicant, arising from unpaid invoices for services rendered and …

**Ratio:** The legal principle applied is that a debt arising from the supply of goods or services

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**Reasoning:** The court reasoned that the original debt was for services rendered by the Applicant to

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**Interpretation:** The interpretation of Section 5(21) of the IBC is that an operational debt is a

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**Application:** The ratio and reasoning were applied to the specific facts of the case by

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## Parties

- **Judges:** Charanjeet Singh…; Smt Lakshmi…
- **Appellants:** CH Robinson…
- **Respondents:** Smaaash Entertainm…; Bhrugesh…
- **Advocates:** Ram Jay N…; Shyam Ka…

## Timeline

- **2019-06-19 — Demand Notice…**: The Applicant's lawyer addressed a notice of demand under the Insolvency and Bankruptcy…
- **2020-03-02 — Consent Terms…**: The Applicant and the Corporate Debtor entered into consent terms, and the same was taken…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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