# In the matter of Kolla Innovatives Infotech Private Limited CP (IB) No. 216-9-AMR-2019

> NCLT judgment dated 2021-03-15. Citation: TCN-2021-NCLT-02715. The case involves an application filed by Ingram Micro India Private Limited (Operational…

- **Court:** NCLT
- **Order date:** 15 Mar 2021
- **Citation:** TCN-2021-NCLT-02715
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/kolla-innovatives-infotech-private-limited-cp-ib-no-216-9-amr-2019-5d57ce4b

## Summary

### Background

The case involves an application filed by Ingram Micro India Private Limited (Operational Creditor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against Kolla Innovatives Infotech Private Limited (Corporate Debtor). The Operational Creditor claims that the Corporate Debtor defaulted in payment of Rs. 83,95,445/- for goods supplied. The Corporate Debtor acknowledged liability but attempted to delay payment. The Operational Creditor issued a demand notice under Section 138 of the Negotiable Instruments Act, which was not complied with. The Corporate Debtor argued that there was no valid contract, no purchase orders, and that the claim was false and frivolous.

## Facts

Ingram Micro India Private Limited (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Kolla Innovatives Infotech Private Limited (Corporate Debtor). The Operational Creditor claimed a default of Rs. 83,95,445/- for goods supplied to the Corporate Debtor. The Operational Creditor provided tax invoices, email communications, courier receipts, and a dishonored cheque as evidence. The Corporate Debtor acknowledged liability but attempted to delay payment. A demand notice under Section 138 of the Negotiable Instruments Act was issued but not complied with. The Corporate Debtor argued there was no valid contract, no purchase orders, and the claim was

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the …

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

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**Reasoning:** The Adjudicating Authority considered the submissions of both parties and the evidence

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

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**Application:** The Adjudicating Authority found that the Operational Creditor had met the

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## Parties

- **Judges:** Bhaskara Pantula…
- **Appellants:** Ingram Micro…
- **Respondents:** Kolla Innovatives…

## Timeline

- **2005-04-05 — Incorporation of…**: Ingram Micro India Private…
- **2019-09-18 — Cheque Dish…**: Cheque No.047659 was…

## 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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