# In the matter of AGL Televentures Private Limited IB-218-ND-2020

> NCLT judgment dated 2022-06-09. Citation: TCN-2022-NCLT-02316. This case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 9 Jun 2022
- **Citation:** TCN-2022-NCLT-02316
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/agl-televentures-private-limited-ib-218-nd-2020-e88c50eb

## Summary

### Background

This case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) by M/s Hind Tradex Limited, an operational creditor, against M/s AGL Televentures Private Limited, the corporate debtor, seeking initiation of the Corporate Insolvency Resolution Process (CIRP). The operational creditor claimed that the corporate debtor defaulted on payments for goods supplied, specifically computer servers, pursuant to a purchase order. The corporate debtor contested the application, asserting the existence of a pre-existing dispute regarding the quality and genuineness of the supplied products, and also raised concerns about the demand notice.

## Facts

M/s Hind Tradex Limited (Operational Creditor) is engaged in the business of trading steel, electrical, and electronic goods. M/s AGL Televentures Private Limited (Corporate Debtor) requested the Operational Creditor to supply computer servers. In May 2015, the Operational Creditor supplied Lenovo System X-3950, X6-8U servers (10 pieces) to the Corporate Debtor pursuant to purchase order no. 08 dated 30.04.2015. The Corporate Debtor began defaulting on payments. The Operational Creditor terminated the business transaction after issuing the last invoice on 04.05.2015. The Operational Creditor also supplied computer software to the Corporate Debtor, valued at Rs. 3,41,25,000/-, out of which the Corporate Debtor paid Rs. 1,44,95,000/-. The total amount due was Rs.

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## Issues and analysis

### Issue 1: Whether there was a pre-existing dispute between the operational creditor and the corporate debtor …

**Ratio:** The existence of a pre-existing dispute, as defined under Section 5(6) of the IBC, can

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**Reasoning:** The Adjudicating Authority found that the corporate debtor's claim of a pre-existing

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**Interpretation:** The term 'dispute' under Section 5(6) of the IBC includes a suit or arbitration

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**Application:** In this case, the corporate debtor's reliance on the letter dated 16.04.2018

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## Parties

- **Judges:** BACHU VENKAT…; Narender Kumar…
- **Respondents:** M/s AGL Televentur…
- **Advocates:** Mohit Cha…; Imran…; +1 more

## Timeline

- **2015-04-30 — Purchase…**: Corporate Debtor placed purchase…
- **2015-05-01 — Supply of…**: Operational Creditor supplied Lenovo System X-3950, X6-8U servers (10 pieces) to the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 5(6) — Definitions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-5)

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