# In the matter of Omapal Technologies Private Limited C.P. No. 3815-IBC-MB-2019

> NCLT judgment dated 2021-08-31. Citation: TCN-2021-NCLT-01251. Moksha Designs Private Limited, the Operational Creditor, filed a company petition seeking to…

- **Court:** NCLT
- **Order date:** 31 Aug 2021
- **Citation:** TCN-2021-NCLT-01251
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/omapal-technologies-private-limited-cp-no-3815-ibc-mb-2019-0b2f1389

## Summary

### Background

Moksha Designs Private Limited, the Operational Creditor, filed a company petition seeking to initiate Corporate Insolvency Resolution Process (CIRP) against Omapal Technologies Private Limited, the Corporate Debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Corporate Debtor is engaged in the retail business of apparels and fashion accessories. The Operational Creditor rendered professional services such as conducting photoshoots and creating catalogue videos to the Corporate Debtor. The Corporate Debtor failed to pay a total of INR 65,28,940/- against 8 tax invoices and 3 proforma invoices.

## Facts

Moksha Designs Private Limited (Operational Creditor) filed a petition to initiate Corporate Insolvency Resolution Process (CIRP) against Omapal Technologies Private Limited (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Corporate Debtor is in the retail business of apparels and fashion accessories, operating through flyrobe.com. The Operational Creditor provided professional services, including photoshoots and catalogue videos, under a Catalogue Services Agreement dated 2017-09-08. Services were rendered until 2018-10-31. The Corporate Debtor regularly availed these services and was invoiced bi-monthly, with a promise to pay within 7 days of invoice receipt. A total of 8 tax invoices and 3 proforma invoices, amounting to INR

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## Issues and analysis

### Issue 1: Whether the Company Petition filed by the Operational Creditor is liable to be admitted for …

**Ratio:** The legal principle applied is that if the debt and default are admitted and the

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**Reasoning:** The Corporate Debtor did not object to the admission of the Company Petition during the

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

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**Application:** Since the Corporate Debtor did not object to the admission and the debt and

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## Parties

- **Judges:** H.V. Subb…; Chandra Bha…
- **Appellants:** Moksha Designs…
- **Respondents:** Omapal Technologie…; Ompal Technologies…

## Timeline

- **2017-09-08 — Catalogue Services…**: Moksha Designs Private Limited and Omapal Technologies Private Limited entered into a…
- **2018-10-31 — End of Se…**: Moksha Designs Private Limited rendered services to Omapal Technologies Private Limited…

## 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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