TOLL GLOBAL FORWARDING (INDIA) PRIVATE LIMITED Vs. SARASH EXPORTS SERVICES PRIVATE LIMITED
LAWS(NCLT)-2017-11-665
NATIONAL COMPANY LAW TRIBUNAL
Decided on November 22,2017

TOLL GLOBAL FORWARDING (INDIA) PRIVATE LIMITED Appellant
VERSUS
SARASH EXPORTS SERVICES PRIVATE LIMITED Respondents

JUDGEMENT

Ina Malhotra, Member - (1.) The petitioner, a private limited company, has filed this application u/s 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as 'Code') claiming to be an Operational Creditor. As per the averments made, they are engaged in the business of providing logistics services for importing certain shipments. During the course of its business, it had provided services to the respondent/ Corporate Debtor and raised invoices. Some of the invoices/ more specifically 11 in number, raised for services rendered during the period of May, 2016 and July 2016 are outstanding. The total liability under the aforesaid bills amount to Rs. 8,58,426.87 It is submitted that despite demands made from time to time, the Corporate Debtor has failed to liquidate its liability.
(2.) The present petition has been filed in the form and manner prescribed under the Code. It is annexed with the copies of the invoices and delivery receipts. Due notice u/s 8 of the Code was sent by the Director of the Operational Creditor authorised to initiate the present proceeding vide a Board Resolution. The notice, which was annexed with the required invoices and other documents, remained unreplied. The petitioner has maintained a ledger account reflecting the statement of debit and credit in respect of their dealings with the Corporate Debtor.
(3.) The Bankers of the Operational Creditor viz. Standard Chartered, vide their letter dated 23.10.2017 have certified that the amount of Rs. 8,58,426.87 in the account of the Operational Creditor has not been received from the Corporate Debtor.;


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