# In the matter of Puneet Kumar vs. Computer Junction Pvt. Ltd. and Anr.

> NCLAT judgment dated 2025-10-14. Citation: TCN-2025-NCLAT-00541. The appeal was filed by a Suspended Director of the Corporate Debtor challenging the order…

- **Court:** NCLAT
- **Order date:** 14 Oct 2025
- **Citation:** TCN-2025-NCLAT-00541
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/puneet-kumar-vs-computer-junction-pvt-ltd-and-anr-2897317e

## Summary

### Background

The appeal was filed by a Suspended Director of the Corporate Debtor challenging the order dated 18.09.2023 passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi Bench (Court-II) admitting Section 9 application filed by M/s. Computer Junction Private Limited (Operational Creditor). The Adjudicating Authority admitted Section 9 application.

## Facts

The Corporate Debtor is in the business of online/offline examination services.

ICAR issued an e-tender for conducting online AIEE for admission to UG, PG, and Ph.D. courses.

The Corporate Debtor submitted technical and financial bids online, which were accepted by ICAR.

The Corporate Debtor entered into an agreement with the Operational Creditor w.e.f. 25.05.2018.

ICAR sent an e-mail to the Corporate Debtor asking for urgent reports with respect to the exams, including CCTV footage.

The Corporate Debtor requested the Operational Creditor and its partner Testpan to provide CCTV footage.

ICAR terminated the contract with the Corporate Debtor on 30.07.2018.

The Operational Creditor issued a demand notice dated 23.12.2019 claiming Rs.3,54,54,483/- as operational debt.

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## Issues and analysis

### Issue 1: Whether there was a pre-existing …

**Ratio:** The Hon'ble Supreme Court in “Mobilox Innovations Private Limited” held that the

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**Reasoning:** The Tribunal found that there was a pre-existing dispute between the parties regarding

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**Interpretation:** The existence of a pre-existing dispute is a bar to the admission of a Section

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**Application:** In this case, the Tribunal held that there was a pre-existing dispute, and

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Puneet…; Suspended Board…
- **Respondents:** NYSA Communication…; Computer Junction…
- **Other parties:** Computer Junction…
- **Advocates:** Pooja M.…; Milan Sing…; +4 more

## Timeline

- **2023-09-18 — Order by Adjudicating…**: Adjudicating Authority (National Company Law Tribunal), New Delhi Bench (Court-II) passed…
- **2025-10-14 — Judgment…**: The National Company Law Appellate Tribunal allowed the appeal and set aside the order…

## 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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