# In the matter of SIFY Technology Ltd. CP-1299-IB-2018

> NCLT judgment dated 2019-02-01. Citation: TCN-2019-NCLT-05059. The petitioner filed a petition under Section 9 of the Insolvency & Bankruptcy Code, 2016,…

- **Court:** NCLT
- **Order date:** 1 Feb 2019
- **Citation:** TCN-2019-NCLT-05059
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/sify-technology-ltd-cp-1299-ib-2018-a9e945fc

## Summary

### Background

The petitioner filed a petition under Section 9 of the Insolvency & Bankruptcy Code, 2016, alleging that the corporate debtor defaulted on payments for invoices, and sought to initiate Corporate Insolvency Resolution Process.

## Facts

Overseas Packing Industries Pvt Ltd (Petitioner) filed a petition under section 9 of the Insolvency & Bankruptcy Code, 2016, against Sify Technologies Ltd (Corporate Debtor). The Petitioner claimed that the Corporate Debtor defaulted on payments totaling ₹14,91,508.20, plus interest of ₹1,65,025, for invoices issued by the Petitioner. Consequently, the Petitioner sought the initiation of the Corporate Insolvency Resolution Process against the Corporate Debtor due to this alleged default. Upon reviewing the records, the National Company Law Tribunal (NCLT) found no evidence of any work order or agreement between the Petitioner and the Corporate Debtor. Furthermore, the invoices that the Petitioner claimed were raised against the Corporate Debtor were, in fact,

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## Issues and analysis

### Issue 1: Whether the corporate debtor, Sify Technologies Ltd, defaulted on payments to Overseas Packing …

**Ratio:** A corporate debtor is not obliged to pay for invoices raised against another company when

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**Reasoning:** The NCLT found no record of a work order or agreement between the petitioner and the

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**Interpretation:** The NCLT interpreted the requirements for establishing a debt under Section 9

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**Application:** Since the invoices were raised against "Perfect IT Solutions" and not

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## Parties

- **Judges:** B.S.V. Prakash…; S. VIJAYARA…
- **Appellants:** Overseas Packaging…; Overseas Packing…
- **Respondents:** SIFY TECHNOLOGIES…
- **Advocates:** For the respondent…

## Timeline

- **February 1, 2019 — Hearing and Or…**: The attendance cum order sheet of the hearing was held, and the order dismissing 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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