# In the matter of Infiniti Television & Telecom Pvt. Ltd .(IB)-755(ND)2019

> NCLT judgment dated 2019-07-12. Citation: TCN-2019-NCLT-02553. The case involves Star India Private Limited, an operational creditor, filing a petition…

- **Court:** NCLT
- **Order date:** 12 Jul 2019
- **Citation:** TCN-2019-NCLT-02553
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/infiniti-television-telecom-pvt-ltd-ib-755nd2019-016f1b3a

## Summary

### Background

The case involves Star India Private Limited, an operational creditor, filing a petition against Infiniti Television and Telecom Pvt. Ltd., the corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The operational creditor claims default in payment of Rs. 67,41,539/-. The corporate debtor is a multi-system operator receiving signals from a broadcaster and re-transmitting them in Assam. An agreement dated December 20, 2017, entitled the operational creditor to a license fee of Rs. 7,62,712/- per month. The operational creditor continued providing signals but disconnected the facility due to non-payment. A demand notice dated October 24, 2018, was issued, but no reply was received.

## Facts

Star India Private Limited (Operational Creditor) filed a petition against Infiniti Television and Telecom Pvt. Ltd. (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, due to a default of Rs. 67,41,539/-. Infiniti Television is a multi-system operator that receives and re-transmits signals in Assam. Star India, as a broadcaster, provided services to Infiniti Television under an agreement dated December 20, 2017, which stipulated a license fee of Rs. 7,62,712/- per month. Star India continued providing signals but disconnected the service due to non-payment of dues. Star India issued a demand notice on October 24, 2018, which went unanswered. Infiniti Television admitted the liability through communications, emails, and TDS deductions and

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## Issues and analysis

### Issue 1: Whether the petition filed by the operational creditor under Section 9 of the Insolvency and …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, allows an operational creditor to

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**Reasoning:** The court noted that the corporate debtor admitted the liability through communications,

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**Interpretation:** Section 9 provides a mechanism for operational creditors to recover outstanding

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**Application:** Given the corporate debtor's admission of liability and the petition's

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## Parties

- **Judges:** Ina Mal…; SH. V.K. SU…
- **Appellants:** Star India…
- **Respondents:** Infiniti televisio…

## Timeline

- **2017-12-20 — Agreement…**: Agreement between Star India Private Limited and Infiniti Television and Telecom Pvt.…
- **2018-10-24 — Demand N…**: Star India Private Limited issued a demand notice to Infiniti Television and Telecom Pvt.…

## 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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