# In the matter of Truefix Media Transformation Pvt. Ltd. IBA-473-2019

> NCLT judgment dated 2019-09-12. Citation: TCN-2019-NCLT-01477. The case involves an application filed by M/s. Netcon Technologies Pte Ltd. (Operational…

- **Court:** NCLT
- **Order date:** 12 Sept 2019
- **Citation:** TCN-2019-NCLT-01477
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/truefix-media-transformation-pvt-ltd-iba-473-2019-0121dbe0

## Summary

### Background

The case involves an application filed by M/s. Netcon Technologies Pte Ltd. (Operational Creditor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, against M/s. Truefix Media Transformation Pvt. Ltd. (Corporate Debtor) for an outstanding operational debt. The Operational Creditor claimed USD 31,621, including principal and interest, for goods delivered pursuant to a purchase order. The Corporate Debtor argued that it was not privy to the contract and that there was a dispute regarding the debt. The Operational Creditor contended that the Corporate Debtor acknowledged the debt through various communications and that the supply of goods was effected as per the purchase order.

## Facts

M/s. Netcon Technologies Pte Ltd. (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 against M/s. Truefix Media Transformation Pvt. Ltd. (Corporate Debtor) for an outstanding debt of USD 31,621. The debt arose from the supply of goods (Red Camera and accessories) based on a purchase order dated 08.09.2015. The Operational Creditor raised four invoices, two dated 08.10.2015 and two dated 23.10.2015. The Corporate Debtor made part payments between 09.09.2016 and 16.03.2017. Email communications indicated the Corporate Debtor requested extensions of time for payment. The Corporate Debtor argued it wasn't privy to the contract, claiming the order was originally placed with M/s. Netcon Technologies India Pvt. Ltd.

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## Issues and analysis

### Issue 1: Whether the Operational Creditor has complied with the requirements of Section 9 of the Insolvency …

**Ratio:** Section 9 of the IBC outlines the requirements for initiating the Corporate Insolvency

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**Reasoning:** The Tribunal observed that the Operational Creditor had filed the necessary affidavit and

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**Interpretation:** Section 9 requires the operational creditor to demonstrate that a debt exists

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**Application:** The Operational Creditor submitted the application, demand notice, invoices,

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## Parties

- **Judges:** CH. MOHD SHARIEF…; Anil Ku…
- **Respondents:** M/s. TRUEFIX…
- **Advocates:** Nithyave…; Indhu Karun…

## Timeline

- **2015-08-09 — Purchase Ord…**: Corporate Debtor issued purchase…
- **2015-10-08 — Invoice…**: Operational Creditor…

## 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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