# In the matter of Ensure Support Services (India) Ltd. CP-1029-(IB)-2018

> NCLT judgment dated 2018-10-25. Citation: TCN-2018-NCLT-00498. The Operational Creditor, ICT Service Management Solutions (India) Private Limited, filed a…

- **Court:** NCLT
- **Order date:** 25 Oct 2018
- **Citation:** TCN-2018-NCLT-00498
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ensure-support-services-india-ltd-cp-1029-ib-2018-60298c9d

## Summary

### Background

The Operational Creditor, ICT Service Management Solutions (India) Private Limited, filed a company petition against the Corporate Debtor, Ensure Support Services (India) Limited, under Section 9 of the Insolvency & Bankruptcy Code, 2016, alleging a default of ₹26,47,048 for goods supplied. The Corporate Debtor argued that the Operational Creditor failed to provide necessary invoice copies with the Section 8 notice (Form-4).

## Facts

ICT Service Management Solutions (India) Private Limited (Operational Creditor) filed a petition against Ensure Support Services (India) Limited (Corporate Debtor) under Section 9 of the Insolvency & Bankruptcy Code, 2016, claiming a default of ₹26,47,048. The Operational Creditor supplied spare parts and repair services to Xiaomi Mobile Phones, starting from 25.01.2016 until 26.07.2016, and raised invoices. The Corporate Debtor allegedly defaulted on payments. The Operational Creditor issued a notice on 22.05.2017 under Form-4. The Corporate Debtor's counsel argued that the Operational Creditor failed to attach copies of invoices with the Form-4 notice, as required. The Operational Creditor mentioned the Section-8 notice was given on 21.09.2017, which was a

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## Issues and analysis

### Issue 1: Whether issuing a Section-8 notice without enclosing copies of invoices and the subsequent …

**Ratio:** The ratio is based on the interpretation of Section 9 of the IBC and the related rules

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**Reasoning:** The court reasoned that the Operational Creditor's failure to provide copies of invoices

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**Interpretation:** The court interpreted the provisions of the IBC and its related regulations to

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**Application:** In this specific case, the court applied the ratio by concluding that the

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## Parties

- **Judges:** B.S.V. Prakash…; S. VIJAYARA…
- **Appellants:** M/s. ICT Service…
- **Respondents:** M/s. Ensure…

## Timeline

- **2015-01-01 — Agreement for…**: Corporate Debtor approached the Petitioner and entered into an agreement for the supply…
- **2016-01-25 — Supply of…**: Petitioner supplied goods to the Corporate…

## 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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