# In the matter of Kodeboyina Srinivas Krishna Vs. PVM  Innvensys Pvt. Ltd. and Anr. CA(A)(Ins)No. 205 of 2020

> NCLAT judgment dated 2020-09-25. Citation: TCN-2020-NCLAT-00104. The case involves an appeal against an order passed by the Adjudicating Authority/National…

- **Court:** NCLAT
- **Order date:** 25 Sept 2020
- **Citation:** TCN-2020-NCLAT-00104
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/kodeboyina-srinivas-krishna-vs-pvm-innvensys-pvt-ltd-and-anr-ca-602c2b92

## Summary

### Background

The case involves an appeal against an order passed by the Adjudicating Authority/National Company Law Tribunal, Delhi Bench, which admitted an application under Section 9 of the Insolvency and Bankruptcy Code (IBC) filed by an Operational Creditor, PVM Innvensys Pvt. Ltd., against the Corporate Debtor, C-Tel Infosystems Pvt. Ltd. The Operational Creditor claimed default in payment for supply and installation of GPS vehicle trackers. The Appellant, Kodeboyina Srinivas Krishna, challenged the order, arguing that the application was not maintainable due to discrepancies in the amount claimed in the demand notice and the application, and that the claim was barred by limitation.

## Facts

The Operational Creditor, PVM Innvensys Pvt. Ltd., supplied GPS equipment and related services to the Corporate Debtor, C-Tel Infosystems Pvt. Ltd., under a Master Service Agreement dated 02.05.2014 and a Managed Services Agreement dated 01.09.2014. The Appellant Company, C-Tel Infosystems, worked in the HPFS Project for the Excise Department of the Government of Telangana and engaged vendors, including the Operational Creditor, for the supply and installation of GPS trackers. The Operational Creditor claimed that the Corporate Debtor defaulted on payments for the supply and installation of 804 vehicle trackers (Rs. 50,32,028) and 30 Hippo GPS vehicle trackers (Rs. 3,67,200). A demand notice was sent on 20.11.2018. The Corporate Debtor disputed the claim for 804

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## Issues and analysis

### Issue 1: Whether the debt mentioned in the Demand Notice is an operational debt and whether there is default …

**Ratio:** The definition of 'operational debt' under Section 5(21) of the IBC 2016 includes a claim

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**Reasoning:** The Operational Creditor supplied GPS vehicle trackers and related services to the

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**Interpretation:** The court interpreted 'operational debt' broadly to include debts arising from

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**Application:** The court found that the debt claimed by the Operational Creditor for the

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## Parties

- **Judges:** Bansi Lal…; Alok Sriv…; +1 more
- **Appellants:** Kodeboyina…
- **Respondents:** C-Tel Infosystems…; PVM Innvensys…

## Timeline

- **2014-05-02 — Master Service…**: Master Service Agreement dated 02.05.2014 between Operational Creditor and Corporate…
- **2014-09-01 — Managed Services…**: Managed Services Agreement dated 01.09.2014 between Operational Creditor and Corporate…

## 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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