# In the matter of Gangadhar Udayan Dravid Vs. Saurav Keshan and Anr. CA (AT) (Ins) No. 01 of 2021

> NCLAT judgment dated 2021-02-22. Citation: TCN-2021-NCLAT-00362. This is an appeal filed by Gangadhar Udayan Dravid, the erstwhile Director of Katalist…

- **Court:** NCLAT
- **Order date:** 22 Feb 2021
- **Citation:** TCN-2021-NCLAT-00362
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/gangadhar-udayan-dravid-vs-saurav-keshan-and-anr-ca-d3e975c7

## Summary

### Background

This is an appeal filed by Gangadhar Udayan Dravid, the erstwhile Director of Katalist Viewpaper Private Limited, under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC). The appeal challenges the judgment of the National Company Law Tribunal, New Delhi, Bench VI (Adjudicating Authority) in Company Petition (IB) No.671/ND/2020, dated 18.12.2020, which admitted the Company Petition filed by Saurav Keshan (proprietor of M/s. Inspired Traveller) against Katalist Viewpaper Private Limited. The appellant argues that the corporate debtor had a limited role as an intermediary and no liability to make payments to the operational creditor.

## Facts

Gangadhar Udayan Dravid, the erstwhile Director of Katalist Viewpaper Private Limited, filed an appeal against the admission of a Company Petition (IB) No.671/ND/2020 by the NCLT, New Delhi. The petition was filed by Saurav Keshan, proprietor of Inspired Traveller, an operational creditor, against Katalist Viewpaper Private Limited. Inspired Traveller provided advertisement design and video production services. Katalist Viewpaper Pvt. Ltd. issued purchase orders to Inspired Traveller. Inspired Traveller raised invoices for the services rendered. Katalist Viewpaper Pvt. Ltd. made some payments but some payments remained pending. The Operational Creditor sent a Demand Notice dated 04.12.2019. The Corporate Debtor sent a reply dated 10.12.2019 refusing to make the pending

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## Issues and analysis

### Issue 1: Whether KatalistViewpaperPvt. Ltd. is the Corporate Debtor and Inspired Traveller (proprietor …

**Ratio:** The entity that places orders and receives services is liable to pay for those services

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**Reasoning:** The court found that Katalist Viewpaper Pvt. Ltd. issued purchase orders to Inspired

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**Interpretation:** The court interpreted the relationship between the parties based on the

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**Application:** The court applied the ratio to the facts by concluding that Katalist Viewpaper

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## Parties

- **Judges:** A.I.S. C…; Dr.Alok Sri…
- **Appellants:** Gangadhar Udayan…
- **Respondents:** Katalist Viewpaper…; Saurav K…

## Timeline

- **2020-12-18 — Impugned Ord…**: Order passed by the Adjudicating Authority/National Company Law Tribunal, Delhi Bench, in…
- **2018-03-07 — Invoice…**: Operational Creditor issued…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/gangadhar-udayan-dravid-vs-saurav-keshan-and-anr-ca-d3e975c7