# In the matter of Feng Ji vs. Giesecke & Devrient MS India Pvt. Ltd. & Ors.

> NCLAT judgment dated 2023-08-11. Citation: TCN-2023-NCLAT-00288. This appeal was filed under Section 61 of the Insolvency and Bankruptcy Code (IBC) against an…

- **Court:** NCLAT
- **Order date:** 11 Aug 2023
- **Citation:** TCN-2023-NCLAT-00288
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/feng-ji-vs-giesecke-devrient-ms-india-pvt-ltd-ors-3048baff

## Summary

### Background

This appeal was filed under Section 61 of the Insolvency and Bankruptcy Code (IBC) against an order dated 20.02.2023 passed by the Adjudicating Authority (NCLT, Chandigarh Bench) in CP(IB) No. 296/Chd/Hry/2019. The NCLT admitted an application under Section 9 of the IBC filed by the Respondent/Operational Creditor, initiating the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor, ZTE Telecom India Private Limited. The Appellant, a suspended Director of the Corporate Debtor, challenged this order. The dispute arose from a Master Service Agreement (MSA) signed on 17.09.2015 between the Corporate Debtor and the Operational Creditor, valid until 16.09.2020. The Operational Creditor raised invoices for completed work, and the Corporate Debtor made

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## Facts

A Master Service Agreement (MSA) was signed between ZTE Telecom India Private Limited (Corporate Debtor) and Giesecke & Devrient MS India Pvt. Ltd. (Operational Creditor) on 17.09.2015, valid until 16.09.2020. The Operational Creditor raised invoices for completed work, and the Corporate Debtor made payments. Four invoices issued between 26.12.2016 and 25.01.2017 were rejected by the Corporate Debtor due to a change from Service Tax to Goods and Services Tax (GST). The rejected invoices were NV No. 3189000123 dated 26.12.2016 for Rs. 5,752,713.00, NV No. 3189000140 dated 28.12.2016 for Rs. 5,572,713.00, NV No. 3189000143 dated 28.12.2016 for Rs. 5,572,713.00 and NV No. 3189010008 dated 25.01.2017 for Rs. 5,572,713.00. The Corporate Debtor issued new purchase

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## Issues and analysis

### Issue 1: Whether the dispute relating to the operational debt as claimed by the operational creditor is a …

**Ratio:** The ratio is based on the principle that a pre-existing dispute, which is not

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**Reasoning:** The NCLAT reasoned that the Adjudicating Authority erred by not considering the e-mail

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**Interpretation:** The interpretation of 'pre-existing dispute' involves determining whether a

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**Application:** In this case, the NCLAT applied the ratio by examining the e-mail

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## Parties

- **Judges:** Rakesh…; Alok Sriv…
- **Appellants:** Feng…
- **Respondents:** ZTE Telecom India…; Giesecke &…

## Timeline

- **2015-09-17 — MSA Sign…**: Master Service Agreement (MSA) signed between ZTE Telecom India Private Limited and…
- **2016-12-26 — Invoice I…**: NV No. 3189000123 dated…

## 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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