# In the matter of Koovs Marketing Consulting Pvt. Ltd. CP (IB) No. 200-Chd-Hry-2018

> NCLT judgment dated 2019-02-20. Citation: TCN-2019-NCLT-04756. Inqnest Marketing Solutions Pvt. Ltd., an operational creditor, filed a petition under Section…

- **Court:** NCLT
- **Order date:** 20 Feb 2019
- **Citation:** TCN-2019-NCLT-04756
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/koovs-marketing-consulting-pvt-ltd-cp-ib-no-200-chd-hry-2018-1fa8ba2b

## Summary

### Background

Inqnest Marketing Solutions Pvt. Ltd., an operational creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Insolvency Resolution Process against Koovs Marketing Consulting Pvt. Ltd., the respondent-corporate debtor. The petitioner claimed that the respondent-corporate debtor had defaulted on payments for marketing services availed. The respondent-corporate debtor argued that there was a pre-existing dispute regarding the rates charged for the services, which was communicated to the petitioner before the demand notice was issued.

## Facts

Koovs Marketing Consulting Pvt. Ltd. wanted to avail marketing services from Inqnest Marketing Solutions Pvt. Ltd. Inqnest Marketing Solutions Pvt. Ltd. provided a rate card to Koovs Marketing Consulting Pvt. Ltd. via email on 2017-07-31. Koovs Marketing Consulting Pvt. Ltd. placed the first order with Inqnest Marketing Solutions Pvt. Ltd. on 2017-08-14. Inqnest Marketing Solutions Pvt. Ltd. raised 29 invoices, out of which 13 invoices were paid by Koovs Marketing Consulting Pvt. Ltd. Koovs Marketing Consulting Pvt. Ltd. did not pay for the rest of 16 invoices and started demanding a reduced rate card retrospectively. Koovs Marketing Consulting Pvt. Ltd. started claiming a refund of some amount. Inqnest Marketing Solutions Pvt. Ltd. issued a demand notice dated

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## Issues and analysis

### Issue 1: Whether there was a pre-existing dispute between the parties before the demand notice was sent …

**Ratio:** The principle of law established by the Hon'ble Supreme Court in (2018) 1 Supreme Court

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**Reasoning:** The Adjudicating Authority considered the correspondence between the parties, including

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**Interpretation:** The interpretation of Section 9(5)(2)(d) of the Insolvency and Bankruptcy Code,

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**Application:** In this case, the Adjudicating Authority found that the respondent-corporate

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## Parties

- **Judges:** R.P.Nag…
- **Appellants:** Inqnest Marketing…
- **Respondents:** Koovs Marketing…

## Timeline

- **2017-07-29 — Offer by Res…**: Koovs Marketing Consulting Pvt. Ltd. made an offer by e-mail to Inqnest Marketing…
- **2017-07-31 — Rate Card P…**: Inqnest Marketing Solutions Pvt. Ltd. provided its rate card to Koovs Marketing…

## 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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