# In the matter of TVC Skyshop Ltd. CP No. 1801-IB-NCLT-MAH-2017

> NCLT judgment dated 2018-08-28. Citation: TCN-2018-NCLT-00888. The case involves a petition filed by Reliance Communications and Infrastructure Limited (the…

- **Court:** NCLT
- **Order date:** 28 Aug 2018
- **Citation:** TCN-2018-NCLT-00888
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/tvc-skyshop-ltd-cp-no-1801-ib-nclt-mah-2017-6cfdffda

## Summary

### Background

The case involves a petition filed by Reliance Communications and Infrastructure Limited (the Creditor) against TVC Skyshop Limited (the Debtor) under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016. The Creditor provided 54 mobile phone connections to the Debtor in 2003. A dispute arose due to non-payment of dues, leading the Creditor to send a legal notice on 2004-09-22, demanding Rs. 13,31,800.59. Subsequently, the Creditor filed a Company Petition in 2005 under Sections 433 and 434 of the Companies Act, 1956, before the Bombay High Court, seeking to wind up the Debtor for non-payment of Rs. 19,69,417.11. The High Court directed the Debtor to deposit Rs. 11,00,000 to avoid advertisement of the Company Petition. The Creditor then filed a Summary Suit

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## Facts

In 2003, Reliance Communications and Infrastructure Limited (Creditor) provided 54 mobile phone connections to TVC Skyshop Limited (Debtor). Due to non-payment of dues, the Creditor sent a legal notice on 2004-09-22 demanding Rs. 13,31,800.59. In 2005, the Creditor filed a Company Petition before the Bombay High Court seeking to wind up the Debtor for non-payment of Rs. 19,69,417.11. The High Court directed the Debtor to deposit Rs. 11,00,000 to avoid advertisement of the Company Petition. The Creditor filed a Summary Suit seeking a decree for Rs. 25,83,078.35 with interest. The Debtor did not appear, and the suit was decreed in favor of the Creditor on 2006-11-07. The Debtor's attempts to set aside the ex-parte decree were unsuccessful at the High Court and Supreme

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## Issues and analysis

### Issue 1: Whether the petition under Section …

**Ratio:** Section 9 of the IBC allows an operational creditor to initiate corporate insolvency

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**Reasoning:** The NCLT found that the petition revealed a debt and default as defined in the IBC. The

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**Interpretation:** Section 9 of the IBC provides the mechanism for an operational creditor to

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**Application:** The NCLT applied the provisions of Section 9 of the IBC to the facts of the

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## Parties

- **Judges:** B.S.V. Prakash…; RavikumarDu…
- **Respondents:** TVC Skyshop…

## Timeline

- **2003-01-01 — Mobile Connections…**: Creditor provided 54 mobile…
- **2004-09-22 — Legal Notic…**: Creditor sent legal notice demanding…

## 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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