# In the matter of Falcon Business Resources Pvt. Ltd. CP (IB) No. 1765-ND-2018

> Read the full IBC case summary for In the matter of Falcon Business Resources Pvt. Ltd. CP (IB) No. 1765-ND-2018. NCLT judgment dated 2022-05-17. Citation:…

- **Court:** NCLT
- **Order date:** 17 May 2022
- **Citation:** TCN-2022-NCLT-04808
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/falcon-business-resources-pvt-ltd-cp-ib-no-1765-nd-2018-7454612e

## Summary

### Background

An application was filed by the Operational Creditor, M/s EE Limited, under Section 9 of the Insolvency & Bankruptcy Code, 2016, for the initiation of the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor, M/s Falcon Business Resources Pvt. Ltd., due to an alleged default in payment for telecom services.

## Facts

M/s EE Limited, the Operational Creditor, filed an application under Section 9 of the Insolvency & Bankruptcy Code, 2016 (IBC, 2016) to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s Falcon Business Resources Pvt. Ltd., the Corporate Debtor. The application was based on an alleged default in payment for telecom services provided under an 'EE Framework Reseller Agreement' dated March 20, 2015.

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## Issues and analysis

### Issue 1: Whether there exists an undisputed debt between the Operational Creditor and the Corporate Debtor…

**Ratio:** A definite liability to pay, acknowledged by the corporate debtor in communications, even…

**Reasoning:** The NCLT examined the email correspondence between the parties. An email dated July 31,…

**Interpretation:** The NCLT interpreted the various emails as clear acknowledgments of outstanding…

**Application:** Based on the emails, particularly the one dated September 18, 2017, where GBP…

## Parties

- **Judges:** BACHU VENKAT…; Virendra Kumar…
- **Advocates:** For Operational…; Advs. For…; +1 more

## Timeline

- **March 20, 2015 — EE Framework Reseller…**: Operational Creditor and Corporate Debtor…
- **March 23, 2015 — Services Comm…**: Services were provided by the…

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