# In the matter of Nextra Teleservices Pvt. Ltd. IB-1170-(ND)-2018

> NCLT judgment dated 2019-05-27. Citation: TCN-2019-NCLT-03192. Anupam Kharbanda filed an application to initiate corporate insolvency resolution process…

- **Court:** NCLT
- **Order date:** 27 May 2019
- **Citation:** TCN-2019-NCLT-03192
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/nextra-teleservices-pvt-ltd-ib-1170-nd-2018-0fb444c7

## Summary

### Background

Anupam Kharbanda filed an application to initiate corporate insolvency resolution process against Nextra Teleservices Pvt. Ltd. under the Insolvency and Bankruptcy Code, alleging failure to pay admitted debts and due salary amounting to Rs. 22,20,000/- along with 18% interest. The applicant was hired as General Manager Sales on 02.04.2012, promoted to AVP-Sales in April 2013, and then to VP-Sales in April 2015. He was later promoted to COO and resigned on 03.06.2017. The applicant claims to have sent numerous letters and emails requesting payment of outstanding salary and statutory dues, but received no response. He then served a legal demand notice on 16.09.2017 and a statutory demand notice on 14.05.2018 under Section 8 of the Code.

## Facts

Anupam Kharbanda, the Applicant, sought to initiate corporate insolvency resolution process against Nextra Teleservices Pvt. Ltd., the Respondent, due to alleged unpaid salary and debts amounting to Rs. 22,20,000 with 18% interest. Kharbanda was employed by Nextra Teleservices, starting as General Manager Sales on April 2, 2012, and progressing to AVP-Sales in April 2013, VP-Sales in April 2015, and eventually COO. He resigned on June 3, 2017. Kharbanda claims to have repeatedly requested payment of outstanding dues via letters and emails, without success. He then issued a legal demand notice on September 16, 2017, and a statutory demand notice on May 14, 2018, under Section 8 of the Insolvency and Bankruptcy Code, but received no response. Nextra Teleservices

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## Issues and analysis

### Issue 1: Whether the application to initiate corporate insolvency resolution process is maintainable given …

**Ratio:** The existence of a prior dispute between the parties precludes the initiation of

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**Reasoning:** The Tribunal considered the pending complaint before the Controlling Authority and the

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**Interpretation:** The Insolvency and Bankruptcy Code is not intended to be used as a debt

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**Application:** In this case, the pending complaint before the Controlling Authority and the

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## Parties

- **Judges:** Ina Mal…; V.K. SUB…
- **Appellants:** Anupam Kha…
- **Respondents:** Nextra Teleservice…

## Timeline

- **2012-04-02 — Applicant…**: Applicant joined Nextra Teleservices…
- **2013-04-01 — Promotion to A…**: Applicant was promoted…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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