# In the matter of Pricewaterhouse Coopers Services Delivery Centre (Kolkata) Pvt. Ltd. C.P. (IB) No. 439-KB-2018

> NCLT judgment dated 2019-02-05. Citation: TCN-2019-NCLT-05001. Bluesquare Travel Pvt. Ltd., as the operational creditor, filed an application under Section 9…

- **Court:** NCLT
- **Order date:** 5 Feb 2019
- **Citation:** TCN-2019-NCLT-05001
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/pricewaterhouse-coopers-services-delivery-centre-kolkata-pvt-ltd-cp-ib-no-439-kb-b1aeba95

## Summary

### Background

Bluesquare Travel Pvt. Ltd., as the operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Pricewaterhouse Coopers Services Delivery Centre (Kolkata) Pvt. Ltd., the corporate debtor, alleging failure to pay an outstanding amount of Rs. 71,07,173/- for renting out cabs. The corporate debtor contested the application, claiming pre-existing disputes and over-billing. The operational creditor claimed that the corporate debtor had not paid the outstanding dues despite demand notices.

## Facts

Bluesquare Travel Pvt. Ltd. (Operational Creditor) provided transport services to Pricewaterhouse Coopers Services Delivery Centre (Kolkata) Pvt. Ltd. (Corporate Debtor) under a contract effective from March 21, 2016, to March 31, 2017, and extended to March 31, 2018. The Operational Creditor raised invoices for the period May 2017 to August 2017, totaling Rs. 71,07,173/-, which the Corporate Debtor failed to pay. The Corporate Debtor claimed discrepancies in the invoices, alleging over-billing and misuse of cabs. Two employees of the Corporate Debtor, Mr. D. Ranganathappa and Mr. K. Lokesh, were also shareholders and directors of the Operational Creditor. The Corporate Debtor issued a letter dated September 18, 2017, informing the Operational Creditor about the

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## Issues and analysis

### Issue 1: Whether a pre-existing dispute existed between the Operational Creditor and the Corporate Debtor …

**Ratio:** The existence of a genuine dispute, not a patently feeble legal argument or unsupported

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**Reasoning:** The court found that the Corporate Debtor had raised concerns about over-billing and

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**Interpretation:** The legal principle emphasizes that a genuine dispute, not a frivolous or

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**Application:** In this case, the court applied the ratio by finding that the Corporate

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## Parties

- **Judges:** Jinan…
- **Appellants:** Bluesquare Travel…
- **Respondents:** Pricewaterhouse…

## Timeline

- **2016-03-21 — Contract Effec…**: Transport service contract between Bluesquare Travel and Pricewaterhouse Coopers…
- **2017-03-31 — Original Contract End…**: Original end date of the…

## 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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