# In the matter of Yogendra Yasupal Vs. Jigsaw Solutions & Anr. CA (AT) No. 222-2017

> NCLAT judgment dated 2017-10-16. Citation: TCN-2017-NCLAT-00097. The appeal was filed against the admission of an application under Section 9 of the…

- **Court:** NCLAT
- **Order date:** 16 Oct 2017
- **Citation:** TCN-2017-NCLAT-00097
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/yogendra-yasupal-vs-jigsaw-solutions-anr-ca-23e39b90

## Summary

### Background

The appeal was filed against the admission of an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (I&B Code) by the Adjudicating Authority (National Company Law Tribunal), Chennai Bench, Chennai. The application was filed by the 1st Respondent, an Operational Creditor, against the 2nd Respondent, the Corporate Debtor. The Adjudicating Authority admitted the application via an order dated September 15, 2017, leading to the imposition of a moratorium. The appellant contends that a dispute exists, rendering the Section 9 application not maintainable.

## Facts

The 1st Respondent, an Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 against the 2nd Respondent, the Corporate Debtor. The Adjudicating Authority (National Company Law Tribunal), Chennai Bench, Chennai, admitted the application via an order dated September 15, 2017. The appellant, Yogendra Yasupal, argued that a dispute existed, supported by an anticipatory bail petition, rendering the Section 9 application not maintainable. The court found that the document preferred by the Operational Creditor was complete and that no specific objection was made by the Corporate Debtor in writing regarding the quality of services. Therefore, the court concluded that no dispute existed.

## Issues and analysis

### Issue 1: Whether the application under Section 9 of the Insolvency and Bankruptcy Code, 2016 was …

**Ratio:** The existence of a genuine dispute precludes the initiation of insolvency proceedings

…

**Reasoning:** The court reasoned that the appellant's claim of a dispute was not supported by any

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**Interpretation:** Section 9 of the I&B Code allows an operational creditor to initiate

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**Application:** In this case, the court found that the appellant's claim of a dispute was not

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +1 more
- **Appellants:** YOGENDRA Y…
- **Respondents:** M/s. Jigsaw…
- **Advocates:** P.V. Balasubramani…; Anish R.…; +2 more

## Timeline

- **2017-10-16 — Application…**: 1st Respondent- ‘Operational Creditor' filed application under Section 9 of the…
- **2017-09-15 — Application A…**: The application having been admitted by impugned order dated 15th September, 2017 passed…

## 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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