# In the matter of Netsoft Consulting Services Private Limited IB-1893-(ND)-2019

> NCLT judgment dated 2019-12-03. Citation: TCN-2019-NCLT-00345. Salasar Techno Engineering Limited filed an application under Section 9 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 3 Dec 2019
- **Citation:** TCN-2019-NCLT-00345
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/netsoft-consulting-services-private-limited-ib-1893-nd-2019-a77c14d7

## Summary

### Background

Salasar Techno Engineering Limited filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate the Corporate Insolvency Resolution Process (CIRP) against Netsoft Consulting Services Private Limited for an alleged default of Rs. 8,60,673/- towards services offered. Salasar Techno Engineering is in the business of manufacturing telecommunication and transmission tower structures, while Netsoft Consulting Services is involved in managing large-scale infrastructure implementations, migrations, consolidations, and technology refreshes. The dispute arose from a purchase order where Salasar was to supply and install telecom towers for Netsoft. Salasar claims to have supplied and installed towers as per the purchase order, raising

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## Facts

Salasar Techno Engineering Limited (the Applicant) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Netsoft Consulting Services Private Limited (the Respondent). The claim was for Rs. 8,60,673/- for services provided by the Applicant to the Respondent. The Applicant is engaged in manufacturing telecommunication and transmission tower structures, while the Respondent manages large-scale infrastructure implementations. A purchase order was issued by the Respondent to the Applicant for supplying and installing telecom towers. The Applicant supplied and installed the towers as per the purchase order and raised invoices. The Respondent was to make a 15% advance payment, with

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the Insolvency and Bankruptcy Code, 2016, is …

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

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**Reasoning:** The Tribunal considered the documents and arguments presented by both parties to

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

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**Application:** The Tribunal found that the Applicant had established the existence of a debt

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## Parties

- **Judges:** P.S.N. P…; V.K. SUB…
- **Appellants:** Salasar Techno…
- **Respondents:** Netsoft Consulting…

## Timeline

- **2018-06-12 — Purchase…**: Respondent issued a Purchase Order No. NCSPL/VPO/2018-19/RT/071 to the Applicant for…
- **2018-12-31 — Debt Acknowl…**: Respondent acknowledged the outstanding…

## 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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