# In the matter of Emkor Solutions Limited Company Petition No. (IB)-253-(ND)-2017

> NCLT judgment dated 2017-10-13. Citation: TCN-2017-NCLT-00284. SoftwareONE India Pvt. Ltd. filed an application under Section 9 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 13 Oct 2017
- **Citation:** TCN-2017-NCLT-00284
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/emkor-solutions-limited-company-petition-no-ib-253-nd-2017-271da3d5

## Summary

### Background

SoftwareONE India Pvt. Ltd. filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of Corporate Insolvency Resolution Process (CIRP) against Emkor Solutions Limited, the respondent corporate debtor. The applicant claimed that sales were made to the respondent with a 60-day credit period, and despite reminders, a sum of Rs. 13,48,256/- remained outstanding. The applicant had previously filed a winding-up petition before the High Court of Delhi, which was later withdrawn with the liberty to file an application under the IBC. A demand notice under Section 8 of the Code was sent to the respondent.

## Facts

SoftwareONE India Pvt. Ltd. (the applicant) claimed that it made sales to Emkor Solutions Limited (the respondent) with a 60-day credit period. Invoices were raised in July and August 2014. Despite reminders, Rs. 13,48,256/- remained outstanding. The applicant sent a legal notice under Section 433(e) and 434(1)(a) read with Section 439(1)(b) of the Companies Act, 1956, and filed a winding-up petition (Co.Pet. no. 633 of 2016) before the High Court of Delhi, which was later withdrawn. A demand notice under Section 8 of the IBC was sent on 2017-04-25. The respondent argued that the bank letter dated 2017-09-01, issued under Section 9(3)(c) of the Code, was defective. The respondent also claimed to have made legitimate payments between August 2015 and August 2017, which

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## Issues and analysis

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

**Ratio:** Section 9(3)(c) of the Code mandates that a copy of the certificate from the financial

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**Reasoning:** The Tribunal found that the bank's letter dated 2017-09-01, submitted by the applicant,

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**Interpretation:** Section 9(3)(c) requires a certificate from the financial institution

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**Application:** The applicant's failure to provide a valid bank certificate, as required by

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## Parties

- **Judges:** Ina Mal…; S. K. MOH…
- **Appellants:** Softwareone India…
- **Respondents:** EMKOR SOLUTIONS…
- **Advocates:** Sanjiv…; Lohit Kumar…; +1 more

## Timeline

- **2014-07-01 — Invoices…**: Invoices raised by SoftwareONE India Pvt. Ltd.…
- **2014-08-01 — Invoices…**: Invoices raised by SoftwareONE India Pvt. Ltd.…

## 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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