# In the matter of Microsun Solar Tech Pvt. Ltd. CP (IB) No. 64-BB-2017

> NCLT judgment dated 2018-08-31. Citation: TCN-2018-NCLT-00833. Rebatt Limited, an operational creditor based in Hong Kong, filed a company petition under…

- **Court:** NCLT
- **Order date:** 31 Aug 2018
- **Citation:** TCN-2018-NCLT-00833
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/microsun-solar-tech-pvt-ltd-cp-ib-no-64-bb-2017-48dc9e32

## Summary

### Background

Rebatt Limited, an operational creditor based in Hong Kong, filed a company petition under Section 9 of the Insolvency and Bankruptcy Code (IBC) against Microsun Solar Tech Private Limited, a corporate debtor located in Bengaluru, seeking to initiate Corporate Insolvency Resolution Process (CIRP). The operational creditor claimed that the corporate debtor failed to pay for solar charge controllers supplied under a purchase order. The corporate debtor argued that there was a pre-existing dispute regarding the debt, as the operational creditor had allegedly made fraudulent representations and failed to fulfill its obligations. The case was listed on multiple dates, and an Interlocutory Application (I.A. No. 5/18) was filed by the respondent.

## Facts

Rebatt Limited (Operational Creditor) filed a petition against Microsun Solar Tech Private Limited (Corporate Debtor) under Section 9 of the IBC, claiming non-payment of USD 75,000 for solar charge controllers. The Corporate Debtor issued Purchase Order No. 0393 on October 29, 2016, for 1000 units of solar charge controllers at USD 75 each. Invoice No. 1021, also dated October 29, 2016, was issued for the same amount, with payment due on November 28, 2016. The Corporate Debtor failed to pay despite reminders. The Operational Creditor issued a legal notice on March 7, 2017, under Section 271 of the Companies Act, 2013, and a demand notice under Section 8 of the IBC on May 30, 2017. The Corporate Debtor claimed a pre-existing dispute, stating the charge controllers were

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## Issues and analysis

### Issue 1: Whether a genuine dispute exists between the operational creditor and the corporate debtor …

**Ratio:** The existence of a 'real dispute' as defined under Section 5(6) of the IBC, as

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**Reasoning:** The court reasoned that the corporate debtor had presented sufficient evidence, including

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**Interpretation:** Section 5(6) of the IBC defines 'dispute' broadly to include any suit or

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**Application:** In this case, the court applied the ratio by examining the evidence presented

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## Parties

- **Judges:** Rajeshwara Rao…; Ashok Kumar…
- **Appellants:** REBATT LI…
- **Respondents:** Microsun Solar…
- **Advocates:** Tushar. Y.…; Raje…; +1 more

## Timeline

- **2016-10-29 — Purchase…**: Corporate Debtor issued Purchase Order No. 0393 for 1000 units of solar charge…
- **2016-10-29 — Invoice I…**: Operational Creditor issued Invoice No. 1021…

## 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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