# In the matter of Adzperform Media Pvt. Ltd. IB-2054-(ND)-2019

> NCLT judgment dated 2021-02-25. Citation: TCN-2021-NCLT-02913. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 25 Feb 2021
- **Citation:** TCN-2021-NCLT-02913
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/adzperform-media-pvt-ltd-ib-2054-nd-2019-44aa3bcf

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by M/s Harshit Info Solutions Pvt. Ltd. (Operational Creditor) against Adzperform Media Pvt. Ltd. (Corporate Debtor) for initiation of Corporate Insolvency Resolution Process (CIRP). The operational creditor claimed to have provided its platform for digital advertisements and promotion to the corporate debtor. The corporate debtor raised objections, alleging fake installations and disputes regarding the services provided.

## Facts

M/s Harshit Info Solutions Pvt. Ltd. (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Adzperform Media Pvt. Ltd. (Corporate Debtor) seeking initiation of Corporate Insolvency Resolution Process (CIRP). The Operational Creditor claimed to have provided its platform for digital advertisements and promotion to the Corporate Debtor. The Corporate Debtor raised objections, alleging fake installations reported by the advertising agency 'Madhouse'. The Corporate Debtor claimed that the Operational Creditor admitted to fraudulent installations and agreed to provide Value Additions. A demand notice was sent by the operational creditor on 2019-08-09. The invoice raised by the operational creditor was a 'Performa

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## Issues and analysis

### Issue 1: Whether there exists a pre-existing dispute between the operational creditor and the corporate …

**Ratio:** The ratio is based on the principle that the adjudicating authority should reject an

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**Reasoning:** The court reasoned that the corporate debtor had raised valid objections regarding fake

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**Interpretation:** The interpretation of the law is that a 'dispute' under the IBC encompasses a

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**Application:** In this case, the court applied the ratio and reasoning to the specific facts

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## Parties

- **Judges:** ABNI RANJAN KUMAR…; V.K. SUB…
- **Appellants:** M/s Harshit Info…
- **Respondents:** Adzperform Media…

## Timeline

- **2016-08-02 — Insertion…**: Parties executed Insertion Order for lead generation, mobile app user acquisition, video…
- **2017-06-01 — Dispute Regarding…**: Dispute arose regarding the exact amount of delivery as to the services rendered in the…

## 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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