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

> NCLT judgment dated 2018-10-25. Citation: TCN-2018-NCLT-00500. The Operational Creditor, ICT Service Management Solutions (India) Private Limited, filed a…

- **Court:** NCLT
- **Order date:** 25 Oct 2018
- **Citation:** TCN-2018-NCLT-00500
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ensure-support-services-india-ltd-cp-1029-ib-2018-6a8c7dd0

## 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 attach copies of invoices with the Section 8 notice (Form-4) as required, leading to inconsistencies in the petition.

## 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. The Operational Creditor claimed that the Corporate Debtor defaulted in paying ₹26,47,048 for goods supplied. The Operational Creditor had supplied spare parts and repair services to Xiaomi Mobile Phones since 2015, based on an agreement. Goods were supplied from 2016-01-25 to 2016-07-26, and invoices were raised. The Operational Creditor issued a notice on 2017-05-22 under Form-4. The Corporate Debtor argued that the Operational Creditor failed to attach copies of invoices with the Form-4 notice, as required by the Insolvency & Bankruptcy

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## Issues and analysis

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

**Ratio:** The ratio is that compliance with the procedural requirements of the IBC, including

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**Reasoning:** The court reasoned that the templates for Form-3 and Form-4 have different requirements,

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**Interpretation:** The interpretation is that the procedural requirements under the IBC,

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**Application:** In this case, the Operational Creditor failed to attach invoices with the

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## Parties

- **Judges:** B.S.V. Prakash…; S. VIJAYARA…
- **Appellants:** M/s. ICT Service…
- **Respondents:** M/s. Ensure…
- **Advocates:** S. Arav…; P.T. Ka…; +2 more

## Timeline

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

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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