# In the matter of Amrapali Media Vision Private Limited C.P. No. (IB) -90-(ND)-2017

> NCLT judgment dated 2017-05-30. Citation: TCN-2017-NCLT-00842. TV 18 Broadcast Limited, the operational creditor, filed an application under Section 9 of the…

- **Court:** NCLT
- **Order date:** 30 May 2017
- **Citation:** TCN-2017-NCLT-00842
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/amrapali-media-vision-private-limited-cp-no-ib-90-nd-2017-37daf586

## Summary

### Background

TV 18 Broadcast Limited, the operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016, against Amrapali Media Vision Private Limited, the corporate debtor, claiming to be an operational creditor. TV 18 provided advertising services to Amrapali Media Vision by airing their campaigns on CNN-IBN & IBN7. As consideration, Amrapali Media Vision agreed to pay in part and in cash and allot immovable property as a barter arrangement. However, Amrapali Media Vision failed to make the agreed payment or deliver the property, leading TV 18 to initiate the Insolvency Resolution Process.

## Facts

TV 18 Broadcast Limited provided advertising services to Amrapali Media Vision Private Limited by airing advertising campaigns on its channels, CNN-IBN & IBN7. In return, Amrapali Media Vision agreed to pay in part and in cash and allot immovable property as a barter arrangement. Amrapali Media Vision failed to make the agreed payment or deliver the property. TV 18 Broadcast Limited filed a petition under Section 9 of the IBC, 2016, claiming to be an operational creditor. The outstanding liability was Rs. 8,74,50,296/-, part of a total outstanding liability of Rs. 11,95,68,947/-. Amrapali Media Vision issued seven post-dated cheques amounting to Rs. 33,14,618/-, which were not deposited by TV 18 on the instances of drawer not to do so. TV 18 sent a demand notice

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## Issues and analysis

### Issue 1: Whether the Operational Creditor, TV 18 Broadcast Limited, is entitled to initiate the Insolvency …

**Ratio:** Section 9 of the IBC, 2016, allows an operational creditor to initiate the Corporate

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**Reasoning:** The court found that TV 18 Broadcast Limited, as an operational creditor, had provided

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**Interpretation:** Section 9 of the IBC is interpreted to provide a mechanism for operational

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**Application:** In this case, TV 18 Broadcast Limited demonstrated that Amrapali Media Vision

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## Parties

- **Judges:** M. M. K…; DeepaKr…
- **Appellants:** TV 18 Broadcast…
- **Respondents:** Amrapali Media…

## Timeline

- **2011-11-30 — Invoices and Delivery…**: Copies of invoices and delivery receipts from 30.11.2011 to 31.07.2014 were annexed to…
- **2014-07-31 — Invoices and Delivery…**: Copies of invoices and delivery receipts from 30.11.2011 to 31.07.2014 were annexed to…

## 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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