# In the matter of Gaurav Dhawan Vs.EE Limited & anr.,Company Appeal (AT) (Ins.) No. 650 of 2022

> NCLAT judgment dated 2022-11-22. Citation: TCN-2022-NCLAT-00083. The appeal was filed under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC)…

- **Court:** NCLAT
- **Order date:** 22 Nov 2022
- **Citation:** TCN-2022-NCLAT-00083
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/gaurav-dhawan-vsee-limited-anrcompany-appeal-at-ins-no-650-of-2022-6b464d30

## Summary

### Background

The appeal was filed under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) against an order dated 17.05.2022 passed by the Adjudicating Authority (National Company Law Tribunal, New Delhi). The Adjudicating Authority admitted an application filed under Section 9 of the IBC by the Operational Creditor, EE Limited, and initiated Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor, Falcon Business Resources Private Limited. The suspended Director of the Corporate Debtor preferred the appeal. The Corporate Debtor entered into an EE Framework Reseller Agreement with EE Limited, where EE Limited was to provide SIM cards to the Corporate Debtor for reselling to Indian clients traveling to the U.K. Disputes arose regarding billing

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## Facts

Falcon Business Resources Private Limited (Corporate Debtor) entered into an EE Framework Reseller Agreement with EE Limited (Operational Creditor) on 2015-03-20. EE Limited was to provide SIM cards to Falcon Business Resources for reselling to Indian clients traveling to the U.K. The agreement stipulated a minimum spend commitment of GBP 4,50,000 over two years and required EE Limited to maintain 7000 accounts. The Corporate Debtor raised complaints about non-working SIM cards and inflated invoices. The Corporate Debtor sent an email to the Operational Creditor on 2015-07-07 stating that they could not use the EE Sim Cards for 3 months. The Corporate Debtor exchanged Call Details Records (CDR) with the Operational Creditor to substantiate wrong charging of tariffs and

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in admitting the Section 9 application under the IBC …

**Ratio:** The existence of a pre-existing dispute, as defined under Section 8 of the IBC, bars the

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**Reasoning:** The appellate tribunal found that the Corporate Debtor had raised disputes regarding

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**Interpretation:** The presence of a genuine and pre-existing dispute, supported by evidence,

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**Application:** In this case, the Corporate Debtor's consistent communication of billing

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Gaurav D…
- **Respondents:** Falcon Business…; EE Limited…

## Timeline

- **2015-03-20 — Agreement…**: Falcon Business Resources Private Limited entered into an EE Framework Reseller Agreement…
- **2015-07-07 — Complaint…**: Corporate Debtor sent an email to the Operational Creditor stating that they could not…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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