# In the matter of Viprah Technologies Limited

> NCLT judgment dated 2025-10-10. Citation: TCN-2025-NCLT-01564. Arul Prasad Senniappan, an operational creditor, filed an application under Section 9 of the…

- **Court:** NCLT
- **Order date:** 10 Oct 2025
- **Citation:** TCN-2025-NCLT-01564
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chennai/viprah-technologies-limited-05aa9427

## Summary

### Background

Arul Prasad Senniappan, an operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Viprah Technologies Limited, the corporate debtor, for unpaid salary dues amounting to Rs. 10.50 lakhs.

## Facts

Arul Prasad Senniappan was appointed as Director (Operations) of Viprah Technologies Limited on 01.08.2015.

The applicant's remuneration was fixed at Rs. 70,000 per month.

The applicant claimed unpaid salary dues of Rs. 10.50 lakhs for the period from 01.01.2016 to 31.03.2017.

The applicant issued a demand notice on 16.09.2019.

The respondent argued that the claim was barred by limitation and there was a pre-existing dispute.

The respondent alleged that the applicant had breached fiduciary duties and violated non-compete agreements.

The Minutes of Meeting dated 15.12.2018 acknowledged the outstanding dues.

The NCLAT remanded the matter for reconsideration after the NCLT initially dismissed the application.

## Issues and analysis

### Issue 1: Whether there was a pre-existing …

**Ratio:** The IBC remedy cannot be used as a debt recovery tool where a bona fide dispute exists

…

**Reasoning:** The Tribunal found that the respondent's complaints were grievances, not a clear denial

…

**Interpretation:** The Tribunal interpreted the evidence to show that the corporate debtor had

…

**Application:** The Tribunal held that the Mobilox test was not satisfied, as there was no bona

…

## Parties

- **Judges:** JYOTI KUMAR…; RAVICHANDRAN…
- **Appellants:** Arul Prasad…
- **Respondents:** Viprah Technologie…
- **Other parties:** CA. S. P…
- **Advocates:** P.J. Sri…; P.J. Rish…; +4 more

## Timeline

- **2015-08-01 — Appointm…**: Arul Prasad Senniappan was appointed as Director (Operations) of Viprah Technologies…
- **2016-01-01 — Period of…**: Period for which salary dues are…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chennai/viprah-technologies-limited-05aa9427