# In the matter of GOETC PRIVATE LIMITED

> NCLT judgment dated 2025-09-15. Citation: TCN-2025-NCLT-01373. One 97 Communication Ltd. filed a petition under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 15 Sept 2025
- **Citation:** TCN-2025-NCLT-01373
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-bengaluru/goetc-private-limited-8047b3e2

## Summary

### Background

One 97 Communication Ltd. filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Goetc Private Limited, seeking initiation of Corporate Insolvency Resolution Process (CIRP) for default in payment of an operational debt amounting to Rs. 1,34,68,003/-.

## Facts

One 97 Communication Ltd. (Operational Creditor) filed a petition against Goetc Private Limited (Corporate Debtor) under Section 9 of the IBC, 2016.

The operational debt claimed was Rs. 1,34,68,003/-, including principal and interest.

The Operational Creditor provided digital marketing and value-added telecom services to the Corporate Debtor.

The Corporate Debtor claimed a pre-existing dispute regarding the quality of services and correctness of invoices.

The Adjudicating Authority found no genuine pre-existing dispute.

The Corporate Debtor issued Purchase Orders No. 2 and 3 on 25.03.2023 for extended services.

The Corporate Debtor submitted a tabular proposal for payment timelines on 26.06.2023.

…

## Issues and analysis

### Issue 1: Whether a genuine pre-existing dispute exists between the parties that would bar the admission of …

**Ratio:** A dispute must be real and not spurious,

…

**Reasoning:** The Adjudicating Authority scrutinized the contemporaneous conduct of the parties and

…

**Interpretation:** The issuance of Purchase Orders for extended services and the submission of a

…

**Application:** The Adjudicating Authority concluded that no genuine pre-existing dispute

…

## Parties

- **Judges:** Sunil Kumar…; Radhakrishna…
- **Appellants:** One 97 Communicati…; One 97 Communicati…
- **Respondents:** Goetc Private…; M/s. Goetc Pvt.…
- **Other parties:** Ramakrishna…

## Timeline

- **N/A — Purchase…**: Three Purchase Orders were entered into between the parties, with the first dated…
- **N/A — Invoices…**: Six invoices were raised for the services…

## 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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