# In the matter of Pluto Software Private Limited IB-821(ND)-2020

> NCLT judgment dated 2021-04-01. Citation: TCN-2021-NCLT-02506. M/S ANP Atelier & Associates Company Private Limited, an operational creditor, filed a petition…

- **Court:** NCLT
- **Order date:** 1 Apr 2021
- **Citation:** TCN-2021-NCLT-02506
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/pluto-software-private-limited-ib-821nd-2020-bfea27a5

## Summary

### Background

M/S ANP Atelier & Associates Company Private Limited, an operational creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against M/S Pluto Software Private Limited, the corporate debtor, for alleged default in settling an amount of Rs. 97,79,049/- towards goods supplied. The operational creditor claimed that the corporate debtor had lost its substratum and was unable to repay outstanding amounts for work done on the 2nd and 5th floors of a building in Noida, U.P. The corporate debtor raised objections, contending that there was a pre-existing dispute regarding the rates and bills issued by the operational creditor, and that the demand notice was not properly served.

## Facts

M/S ANP Atelier & Associates Company Private Limited (Operational Creditor) filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate CIRP against M/S Pluto Software Private Limited (Corporate Debtor) for non-payment of Rs. 97,79,049/- for goods supplied. The Operational Creditor claimed an additional Rs. 99,69,776/- with interest for work done on the 2nd floor and Rs. 86,49,232/- for work on the 5th floor at Noida, U.P., totaling Rs. 1,86,19,008/-. The Corporate Debtor disputed the claim, stating that there was a pre-existing dispute regarding the rates and bills. An email dated 14.12.2019 from the Corporate Debtor to the Operational Creditor indicated discrepancies in the approved rates. The Corporate Debtor also alleged that the

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## Issues and analysis

### Issue 1: Whether there was a pre-existing dispute between the parties prior to the issuance of the demand …

**Ratio:** The existence of a genuine dispute prior to the issuance of a demand notice is a valid

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**Reasoning:** The court relied on the Supreme Court's definition of 'dispute' in Mobilox Innovative

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**Interpretation:** A 'dispute' is interpreted broadly to include any plausible contention that

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**Application:** In this case, the court found that the corporate debtor had raised a dispute

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## Parties

- **Judges:** P.S.N. P…; V.K. SUB…
- **Appellants:** M/S ANP Atelier &…
- **Respondents:** M/S Pluto…
- **Advocates:** Rakesh…; Vinod K…; +2 more

## Timeline

- **2018-11-26 — First Work…**: First work order issued for…
- **2019-07-11 — Second Work…**: Second work order issued for…

## 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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This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/pluto-software-private-limited-ib-821nd-2020-bfea27a5