# In the matter of Vivek Pasricha and Anr. Vs. Amit Sachdeva and Anr. CA (AT) (Insolvency) No. 759-2019

> NCLAT judgment dated 2 Sept 2019. Citation: TCN-2019-NCLAT-00316. The case originated from an application filed by Dr. Amit Sachdeva, the 1st Respondent,…

- **Court:** NCLAT
- **Order date:** 2 Sept 2019
- **Citation:** TCN-2019-NCLAT-00316
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/vivek-pasricha-and-anr-vs-amit-sachdeva-and-anr-ca-4bdd0e74

## Summary

### Background

The case originated from an application filed by Dr. Amit Sachdeva, the 1st Respondent, under Section 9 of the Insolvency & Bankruptcy Code, 2016 (I&B Code) against M/s. Axiss Dental Pvt. Ltd., the Corporate Debtor. This application sought to initiate the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor due to an alleged default in payment of salary. The Adjudicating Authority, the National Company Law Tribunal (NCLT) Principal Bench, New Delhi, admitted this application by an order dated July 3, 2019, which is the impugned order in this appeal.

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## Facts

Dr. Amit Sachdeva, the 1st Respondent, filed an application under Section 9 of the Insolvency & Bankruptcy Code, 2016 (I&B Code) against M/s. Axiss Dental Pvt. Ltd., the Corporate Debtor. This application sought to initiate the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor. The Adjudicating Authority, the National Company Law Tribunal (NCLT) Principal Bench, New Delhi, admitted this application by an order dated July 3, 2019.

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## Issues and analysis

### Issue 1: Whether there was a pre-existing dispute regarding the operational debt, rendering the application…

**Ratio:** An application under Section 9 of the Insolvency and Bankruptcy Code, 2016, is not…

**Reasoning:** The NCLAT reasoned that a pre-existing dispute was evident from the fact that the 1st…

**Interpretation:** The court interpreted 'pre-existing dispute' broadly to include any ongoing…

**Application:** In this case, the 1st Respondent's claim for unpaid salary was already part of…

## Parties

- **Judges:** S.J. Mukhop…
- **Advocates:** For Appel…; Ruchin Midd…; +3 more

## Timeline

- **April 5, 2018 — Interlocutory…**: The 1st Respondent filed an Interlocutory Application in Company Petition No.…
- **May 14, 2018 — Order Res…**: The application for interim relief in CA No. 278/PB/2018, filed by the 1st Respondent,…

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