# In the matter of Shimera Project Lighting Private Limited C.P. No.2850-I&BP-2018

> NCLT judgment dated 2019-03-11. Citation: TCN-2019-NCLT-04485. Endo Lighting Accessories (India) Pvt. Ltd. filed a Company Petition seeking to initiate the…

- **Court:** NCLT
- **Order date:** 11 Mar 2019
- **Citation:** TCN-2019-NCLT-04485
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/shimera-project-lighting-private-limited-cp-no2850-ibp-2018-a016737c

## Summary

### Background

Endo Lighting Accessories (India) Pvt. Ltd. filed a Company Petition seeking to initiate the Corporate Insolvency Resolution Process (CIRP) against Shimera Project Lighting Private Limited, alleging default in payment. The petitioner claimed that the corporate debtor committed default on 21.10.2013 in making payment to the extent of Rs. 1,48,02,824/-, which included interest. The corporate debtor denied the liability, citing disputes and claiming the petitioner owed them Rs. 45 lacs. The petitioner had issued a demand notice on 20.02.2018 under section 8 of the Code, demanding a sum of Rs. 1,41,92,302/-.

## Facts

Endo Lighting Accessories (India) Pvt. Ltd. (Petitioner) supplied lighting fixtures and equipment to Shimera Project Lighting Private Limited (Corporate Debtor) based on purchase orders and invoices. The Petitioner claimed the Corporate Debtor defaulted on a payment of Rs. 1,48,02,824/- on 21.10.2013, including interest. The Petitioner issued a demand notice on 20.02.2018. The Corporate Debtor denied the liability, stating the Petitioner owed them Rs. 45 lacs and citing a breach of agreement where the Petitioner allegedly approached the Corporate Debtor's key accounts directly. The Corporate Debtor also argued the claim was barred by limitation, with the last payment made on 26.03.2014 and the petition filed on 27.07.2018. The Petitioner argued that the Corporate

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## Issues and analysis

### Issue 1: Whether there is a valid dispute between the parties that precludes the initiation of the Corporate …

**Ratio:** The existence of a genuine dispute, as defined by the Supreme Court in Mobilox

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**Reasoning:** The court found that the Corporate Debtor had raised valid disputes regarding a breach of

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**Interpretation:** The Supreme Court's ruling in Mobilox Innovations clarifies that the

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**Application:** The court applied the Mobilox Innovations principle to the facts of the case,

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## Parties

- **Judges:** Bhaskara Pantula…; V. Nallasen…
- **Appellants:** Endo Lighting…
- **Respondents:** Shimera Project…

## Timeline

- **2013-10-21 — Alleged Defau…**: Corporate Debtor allegedly…
- **2014-02-01 — Breach of Agreement…**: Corporate Debtor claimed Operational Creditor breached agreement by approaching key…

## 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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