# In the matter of Jupiter Broadcast Private Limited CP 3271 (IB)-MB-2018

> NCLT judgment dated 2019-09-09. Citation: TCN-2019-NCLT-01515. This case involves an application filed by Zee Entertainment Enterprises Limited, the…

- **Court:** NCLT
- **Order date:** 9 Sept 2019
- **Citation:** TCN-2019-NCLT-01515
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/jupiter-broadcast-private-limited-cp-3271-ib-mb-2018-3b34d787

## Summary

### Background

This case involves an application filed by Zee Entertainment Enterprises Limited, the Operational Creditor, against Jupiter Broadcast Private Limited, the Corporate Debtor, under Section 9 of the Insolvency & Bankruptcy Code, 2016, for initiating Corporate Insolvency Resolution Process (CIRP). The Operational Creditor claimed a default of ₹29,12,500/- for services provided to the Corporate Debtor under a License Agreement dated 17.02.2017. The Corporate Debtor acknowledged its liability but failed to make timely payments due to incurring losses.

## Facts

Zee Entertainment Enterprises Limited (Operational Creditor) filed an application under Section 9 of the Insolvency & Bankruptcy Code, 2016, against Jupiter Broadcast Private Limited (Corporate Debtor) for a default of ₹29,12,500/-. The debt arose from services provided by the Operational Creditor to the Corporate Debtor under a License Agreement dated 17.02.2017. The Operational Creditor raised invoices dated 15.06.2017 and 31.10.2017. The Corporate Debtor acknowledged its liability in emails dated 29.09.2017, 05.10.2017, and 17.10.2017, but failed to make payments due to incurring losses. The Operational Creditor issued a demand notice dated 18.11.2017, which was duly served on the Corporate Debtor. The Corporate Debtor failed to raise any dispute regarding the

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor under Section 9 of the I&B Code, …

**Ratio:** Section 9 of the I&B Code, 2016, allows an operational creditor to initiate CIRP

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**Reasoning:** The court observed that the application was filed in the prescribed form, supported by

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**Interpretation:** Section 9 of the I&B Code provides the framework for operational creditors

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**Application:** The court found that the application was complete, filed in the prescribed

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## Parties

- **Judges:** Mr V. P.…; Mr Rajesh…
- **Appellants:** ZEE Entertainment…
- **Respondents:** Jupiter Broadcast…
- **Advocates:** Naresh S. T…

## Timeline

- **2017-02-17 — License Agreem…**: Date of the License Agreement between Zee Entertainment Enterprises Limited and Jupiter…
- **2017-06-15 — Invoice…**: Zee Entertainment Enterprises Limited…

## 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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