# In the matter of Simran Technologies Private Limited (IB) 293 (ND)-2018

> NCLT judgment dated 2019-07-03. Citation: TCN-2019-NCLT-02696. The case involves an application filed by Seitz GmbH, the Operational Creditor, under Section 9…

- **Court:** NCLT
- **Order date:** 3 Jul 2019
- **Citation:** TCN-2019-NCLT-02696
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/simran-technologies-private-limited-ib-293-nd-2018-49bab887

## Summary

### Background

The case involves an application filed by Seitz GmbH, the Operational Creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Simran Technologies Private Limited, the Corporate Debtor, for initiation of the Corporate Insolvency Resolution Process due to unpaid invoices totaling EUR 229,020.48 (INR 1,83,69,549.48). The Corporate Debtor opposed the admission of the application, citing pre-existing disputes, pending litigation, and issues with the amount claimed.

## Facts

Seitz GmbH, an Operational Creditor based in Germany, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Simran Technologies Private Limited, a Corporate Debtor, for unpaid invoices totaling EUR 229,020.48 (INR 1,83,69,549.48). The invoices pertained to surface-acting industrial detergents supplied to the Corporate Debtor. The Corporate Debtor argued against the admission of the application, claiming pre-existing disputes related to the incorporation of SEITZ India, disagreements over pricing for the transfer of business, and pending litigation, including a civil suit filed by the Corporate Debtor against the Operational Creditor in Gurgaon District Court and a criminal complaint lodged with the police. The Corporate Debtor also

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## Issues and analysis

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

**Ratio:** Section 9(5)(ii)(d) of the IBC states that the adjudicating authority shall reject the

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**Reasoning:** The NCLT found that email exchanges between the parties from 2015 to 2018 and pending

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**Interpretation:** The existence of a 'dispute' under the IBC is interpreted broadly to include

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**Application:** The NCLT applied the ratio to the facts by considering the email correspondence

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## Parties

- **Judges:** Sh.R. Varad…; DeepaKr…
- **Appellants:** Seitz…
- **Respondents:** SIMRAN TECHNOLOGIE…

## Timeline

- **2018-05-08 — Application…**: Application filed under section 9 of the…
- **2017-11-06 — Payments S…**: Corporate Debtor stopped making payments…

## 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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