# In the matter of Orange Business Services India Technology Pvt. Ltd. (IB)-1474-ND-2018

> NCLT judgment dated 2018-11-02. Citation: TCN-2018-NCLT-00390. I Value Info Solutions Pvt. Ltd., the Operational Creditor, filed a petition under Section 9 of…

- **Court:** NCLT
- **Order date:** 2 Nov 2018
- **Citation:** TCN-2018-NCLT-00390
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/orange-business-services-india-technology-pvt-ltd-ib-1474-nd-2018-71951ac3

## Summary

### Background

I Value Info Solutions Pvt. Ltd., the Operational Creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of the Corporate Insolvency Resolution Process against Orange Business Service India Technology Pvt. Ltd., the Corporate Debtor, due to their inability to liquidate outstanding dues. The Operational Creditor claimed that the Corporate Debtor failed to pay an outstanding balance of Rs. 25,57,386.48 despite repeated demands. A demand notice under Section 8 of the Code was served on the Corporate Debtor on 19.05.2018.

## Facts

I Value Info Solutions Pvt. Ltd. (Operational Creditor) claimed to be primarily engaged in Software publishing and Consultancy Services. Orange Business Service India Technology Pvt. Ltd. (Corporate Debtor) placed orders for supply and installation of HUS VM storage (software) vide purchase order No. OBS/15-16/CG/232 dated 28.08.2015 for Rs.15,73,496/- and another purchase order No. OBS/1617/CG dated 24.05.2016 for supply of DW700-CBX.P HUS VM Controller Chases for Rs. 2,11,03,995/-. Tax invoices were raised upon delivery, and delivery challans were signed by the Corporate Debtor. Despite repeated demands, the Corporate Debtor failed to remit the outstanding balance of Rs. 25,57,386.48. A demand notice u/s 8 of the Code was served on 19.05.2018. The Corporate Debtor

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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:** The existence of a pre-existing dispute between the parties, which is pending

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**Reasoning:** The court reasoned that since a suit filed by the Operational Creditor against the

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**Interpretation:** The interpretation of Section 9 of the IBC, in conjunction with the principle

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**Application:** In this case, the court applied the ratio by considering the fact that the

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## Parties

- **Judges:** Ina Mal…; Deepa Kr…; +1 more
- **Appellants:** I Value Info…
- **Respondents:** Orange Business…

## Timeline

- **2015-08-28 — Purchase…**: Corporate Debtor placed purchase order No. OBS/15-16/CG/232 for supply and installation…
- **2016-05-24 — Purchase…**: Corporate Debtor placed purchase order No. OBS/1617/CG for supply of DW700-CBX.P HUS VM…

## 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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