# In the matter of Amilionn Technologies Pvt. Ltd. CP (IB) No. 737-9-HDb-2019

> NCLT judgment dated 2020-01-09. Citation: TCN-2020-NCLT-02412. The case involves an application filed by Rajkumar Brothers & Production Private Limited…

- **Court:** NCLT
- **Order date:** 9 Jan 2020
- **Citation:** TCN-2020-NCLT-02412
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/amilionn-technologies-pvt-ltd-cp-ib-no-737-9-hdb-2019-615d1eae

## Summary

### Background

The case involves an application filed by Rajkumar Brothers & Production Private Limited (Operational Creditor) under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016, against Amilionn Technologies Private Limited (Corporate Debtor) for defaulting on a payment of Rs. 2,30,62,247.90. The operational creditor claimed to have supplied goods and services based on a Master Services Agreement. The corporate debtor allegedly avoided entering into a formal agreement and issuing work orders, leading to disputes and eventual termination of the work order. The operational creditor issued a demand notice under Section 8 of the IBC, which was replied to by the corporate debtor denying liability.

## Facts

Rajkumar Brothers & Production Private Limited (Operational Creditor) filed a petition against Amilionn Technologies Private Limited (Corporate Debtor) under Section 9 of the IBC, claiming a default of Rs. 2,30,62,247.90. The Operational Creditor supplied goods and services to the Corporate Debtor from July 2016 to November 2016 based on a Master Services Agreement with the Revenue, Registration & Land Records Department, Governament of Jharkand(GOJ) and Jharkhand Agency for promotion of Information Technoloby(JAP-IT) and Tera Software Limited(Prime Bidder) and Amilionn Technologies Private Limited(Consortium Member). The Operational Creditor alleged that the Corporate Debtor avoided entering into a formal agreement and issuing work orders, despite repeated

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## Issues and analysis

### Issue 1: Whether the Operational Creditor established an undisputed operational debt against the Corporate …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, allows an operational creditor to

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**Reasoning:** The Adjudicating Authority considered the documents submitted by the Operational

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**Interpretation:** The legal principle is that an operational creditor can trigger CIRP if they

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**Application:** In this case, the Operational Creditor provided sufficient evidence to

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## Parties

- **Judges:** Ratakonda…; Narender Kumar…
- **Appellants:** Rajkumar Brothers…
- **Respondents:** Amilionn Technolog…

## Timeline

- **2016-07-13 — Meeting between Operational Creditor and…**: Meeting held in Hyderabad between the Directors and Officials of the Corporate Debtor and…
- **2016-07-17 — Exchange of…**: Exchange of emails between the corporate debtor and the promoters and Directors of 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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