# In the matter of NRN Broad Casting Network India Private Limited CP (IB) No. 429-9-HDB-2019

> NCLT judgment dated 2019-10-04. Citation: TCN-2019-NCLT-01086. The case involves a petition filed by M/s. Prophoenix Soft Private Limited (Operational…

- **Court:** NCLT
- **Order date:** 4 Oct 2019
- **Citation:** TCN-2019-NCLT-01086
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/nrn-broad-casting-network-india-private-limited-cp-ib-no-429-9-hdb-2019-5b3d48e1

## Summary

### Background

The case involves a petition filed by M/s. Prophoenix Soft Private Limited (Operational Creditor) against M/s. NRN Broadcasting Network India Private Limited (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016. The Operational Creditor claims that the Corporate Debtor defaulted in paying Rs. 11,09,796/-. The petition seeks admission of the case under the Corporate Insolvency Resolution Process (CIRP), imposition of a moratorium, and appointment of an Interim Resolution Professional (IRP).

## Facts

M/s. Prophoenix Soft Private Limited (Operational Creditor) filed a petition against M/s. NRN Broadcasting Network India Private Limited (Corporate Debtor) under Section 9 of the IBC, claiming a default of Rs. 11,09,796/-. The Corporate Debtor had requested the supply of IT Hardware Infrastructure from the Operational Creditor. The Operational Creditor supplied various hardware items based on purchase orders, including one dated 27-03-2018. On 29-03-2018, the Operational Creditor supplied IT Infrastructure (Apple Desktops) worth Rs. 6,98,560/-. The Corporate Debtor issued a cheque for Rs. 6,98,560/- on 24-04-2018. The Corporate Debtor also placed an order for additional IT materials, including CCTV cameras and biometric devices, on 27-03-2018. On 29-03-2018, an order

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## Issues and analysis

### Issue 1: Whether the Operational Creditor has established an …

**Ratio:** Section 9 of the IBC allows an operational creditor to initiate CIRP against a corporate

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**Reasoning:** The court considered the documents submitted by the Operational Creditor, including

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**Interpretation:** The term 'undisputed debt' implies that there is no existing legal challenge or

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**Application:** Based on the documents and the Corporate Debtor's failure to respond, the court

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## Parties

- **Judges:** Ratakonda…; Narender Kumar…
- **Appellants:** Prophoenix Soft…
- **Respondents:** NRN Broadcasting…; NRN Broadcasting…

## Timeline

- **2018-03-27 — Purchase…**: Corporate debtor approached operational creditor for additional IT Materials i.e. CCTV…
- **2018-03-29 — Supply of H…**: Operational Creditor supplied the various hardware( IT Infrastructure - APPLE DESKTOPS)…

## 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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