# In the matter of Barjoria Holdings Pvt. Ltd. Vs. Bard Roy Infotech Pvt. Ltd. & Anr. Company Appeal (AT) (Insolvency) No. 275 of 2017

> NCLAT judgment dated 2018-01-15. Citation: TCN-2018-NCLAT-00394. The appeal was preferred by the appellant (Corporate Debtor) against the order dated 26th…

- **Court:** NCLAT
- **Order date:** 15 Jan 2018
- **Citation:** TCN-2018-NCLAT-00394
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/barjoria-holdings-pvt-ltd-vs-bard-roy-infotech-pvt-ltd-anr-company-appeal-5cd71159

## Summary

### Background

The appeal was preferred by the appellant (Corporate Debtor) against the order dated 26th October 2017 passed by the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, Kolkata, which admitted the application preferred by the respondent (Operational Creditor) under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Adjudicating Authority had admitted the application, passed an order of moratorium, and appointed an Interim Resolution Professional. The Operational Creditor moved the application under Section 9 of I&B Code on alleged default of debt for the services it rendered in the State of Orissa, supported by a bank statement relating to both Orissa and Uttar Pradesh. The appellant pointed out a dispute existed, but the Adjudicating

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## Facts

Bajoria Holdings Pvt. Ltd. (Appellant/Corporate Debtor) appealed against an order by the Adjudicating Authority (NCLT Kolkata) dated October 26, 2017. The order admitted an application by Bard Roy Infotech Pvt. Ltd. & Anr. (Respondent/Operational Creditor) under Section 9 of the Insolvency and Bankruptcy Code (IBC), initiated a moratorium, and appointed an Interim Resolution Professional (IRP). The Operational Creditor's application was based on an alleged default for services rendered in Orissa, supported by a bank statement covering both Orissa and Uttar Pradesh. The Corporate Debtor argued the existence of a dispute. The Adjudicating Authority initially rejected this argument, stating the dispute related to services in Uttar Pradesh, not Orissa. Subsequently,

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## Issues and analysis

### Issue 1: Whether an admitted dispute in existence between the parties which may relates to one or other …

**Ratio:** A petition under Section 9 of the Insolvency and Bankruptcy Code is not maintainable if

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**Reasoning:** The Interim Resolution Professional found that there is an existence of dispute with

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**Interpretation:** Section 9 of the Insolvency and Bankruptcy Code allows an operational creditor

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**Application:** In this case, the existence of a dispute regarding supplies made in different

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Respondents:** Bajoria Holdings…; Bard Roy Infotech…

## Timeline

- **2017-10-26 — Order by Adjudicating…**: Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, passed an order…
- **2017-11-13 — Deed of Set…**: A 'Deed of Settlement' was…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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