# In the matter of Om Pizzas and Eats India Pvt. Ltd. (IB)-89(ND)-2018

> NCLT judgment dated 2018-03-16. Citation: TCN-2018-NCLT-01699. Gozoop Online Private Limited filed a petition under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 16 Mar 2018
- **Citation:** TCN-2018-NCLT-01699
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/om-pizzas-and-eats-india-pvt-ltd-ib-89nd-2018-9559c6b4

## Summary

### Background

Gozoop Online Private Limited filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against Om Pizzas and Eats India Pvt. Ltd. The basis for the petition was the respondent's alleged inability to liquidate its financial debts. Gozoop, the Operational Creditor, claimed that Om Pizzas, the Corporate Debtor, had failed to pay for digital media services provided under a service agreement. Invoices were raised between December 5, 2016, and May 9, 2017, totaling Rs. 19,20,492/-. Despite repeated reminders, Om Pizzas allegedly failed to pay the outstanding amounts.

## Facts

Gozoop Online Private Limited (Operational Creditor) provided digital media services to Om Pizzas and Eats India Pvt. Ltd. (Corporate Debtor) under a service agreement. Eight invoices were raised between December 5, 2016, and May 9, 2017, totaling Rs. 19,20,492/-. Despite repeated reminders, the Corporate Debtor failed to pay the amounts due. The Operational Creditor relied on emails acknowledging the debt but cited reconciliation issues. A demand notice under Section 8 of the Insolvency and Bankruptcy Code (IBC) was issued but not replied to, nor was any dispute raised. The Corporate Debtor, through its counsel, acknowledged the unpaid operational debt but expressed an inability to liquidate it due to financial distress. The petition was filed in the required format,

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## Issues and analysis

### Issue 1: Whether the petition filed by the Operational Creditor under Section 9 of the Insolvency and …

**Ratio:** A petition under Section 9 of the IBC is maintainable if the operational debt exists, the

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**Reasoning:** The court reasoned that the Corporate Debtor acknowledged the unpaid operational debt

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

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**Application:** In this case, the Corporate Debtor's acknowledgment of the debt and failure to

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## Parties

- **Judges:** Ina Mal…; Deepa Kr…; +1 more
- **Appellants:** Gozoop Online…
- **Respondents:** OM Pizzas and…

## Timeline

- **2016-12-05 — Invoice R…**: First invoice raised for…
- **2017-05-09 — Invoice R…**: Last invoice raised for…

## 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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