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J. Technologies India Ltd vs Jura It Solutions Pvt. Ltd

National Company Law Appellate Tribunal23 July 2018

Ratio decidendi

The rule this decision rests on

The appeal by the corporate debtor against an order admitting an operational creditor's Section 9 application is not maintainable, following the Supreme Court's decision in Innoventive Industries Ltd. v. ICICI Bank (as cited by the Tribunal, at paragraph 11 of that decision), which the Tribunal treats as governing that question. Where a corporate debtor does not raise a dispute relating to the goods or services, or the quality of goods or services, before the notice under Section 8(1) is issued, a plea that the dispute concerns only the quantum of payment does not defeat an operational creditor's application under Section 9 where it is accepted that an amount is due and unpaid.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHICompany Appeal (AT) (Insolvency) No. 378 of 2018IN THE MATTER OF:

J. Technologies India Ltd. ...Appellant

Vs.

Jura IT Solutions Pvt. Ltd. ...Respondent

Present: For Appellant: - Mr. S.S. Ganesh Raja, Advocate.

ORDER

23.07.2018- This appeal has been filed by the Appellant ('Corporate

Debtor') against the order dated 19th June, 2018 passed by the

Adjudicating Authority (National Company Law Tribunal), Single Bench,

Chennai, whereby and whereunder the application under Section 9 of the

Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as "I&B

Code") preferred by the Respondent- 'Jura IT Solutions Pvt. Ltd.'-

('Operational Creditor') has been admitted, order of 'Moratorium' has been

passed and the name of the 'Interim Resolution Professional' has been

called for.

2. Apart from the fact that the appeal at the instance of the 'Corporate

Debtor' is not maintainable in view of the decision of the Hon'ble Supreme

Court at Paragraph 11 in "M/s. Innoventive Industries Ltd. Vs. ICICI

Bank & Anr.─ 2017 SCC OnLine SC 1025", we also find that there is no

merit in this appeal for the reasons as mentioned below.

Contd/-.................

-2-

3. Learned counsel appearing on behalf of the Appellant submits that

there is an existence of dispute but from the records we find that no

dispute relating to goods or quality of service were raised by the 'Corporate

Debtor' prior to issuance of notice under Section 8(1) of the 'I&B Code'.

4. It is also submitted that the dispute relates to quantum of payment.

However, it is accepted that a sum of more than Rs. 54 lakhs is payable,

which has not been paid.

5. In that view of the aforesaid admitted fact, the appeal is fit to be

dismissed. It is accordingly dismissed. No cost.

(Justice S.J. Mukhopadhaya) Chairperson

(Justice Bansi Lal Bhat) Member(Judicial) Ar/uk

Company Appeal (AT) (Insolvency) No. 378 of 2018

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