# In the matter of Allgovision Technologies Private Limited

> NCLT judgment dated 2024-04-05. Citation: TCN-2024-NCLT-01810. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 5 Apr 2024
- **Citation:** TCN-2024-NCLT-01810
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/allgovision-technologies-private-limited-c673d010

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 by M/s Innovoprism Trading LLC (Operational Creditor) against Allgovision Technologies Private Limited (Corporate Debtor) to initiate Corporate Insolvency Resolution Process (CIRP) due to an alleged default of Rs. 1,34,45,734/-. The Operational Creditor claims the Corporate Debtor defaulted on payments related to commission invoices raised under a 'Marketing Service Agreement'. The Corporate Debtor disputes the claim, citing pre-existing disputes regarding the invoices and termination of agreements.

## Facts

M/s Innovoprism Trading LLC, an entity under the laws of UAE, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Allgovision Technologies Private Limited, an Indian company. The claim is based on an alleged default of Rs. 1,34,45,734/-. The Operational Creditor and Corporate Debtor entered into a 'Marketing Service Agreement' where the Operational Creditor was to provide marketing and sales representation in the UAE and Middle East, earning commissions on invoiced values. The Operational Creditor secured four orders from different companies. Honeywell paid 50% of a purchase order, which the respondent also paid to the petitioner. The respondent terminated the agreement with the petitioner on 04.03.2021. The petitioner raised invoices

…

## Issues and analysis

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

**Ratio:** The ratio decidendi is based on the Supreme Court's judgment in Mobilox Innovations

…

**Reasoning:** The Tribunal reasoned that the Record of Default (ROD) issued by the information utility

…

**Interpretation:** The interpretation of Section 9(5)(2)(d) of the IBC, as clarified by the

…

**Application:** In this case, the Tribunal applied the ratio of Mobilox Innovations to the

…

## Parties

- **Judges:** K. Bi…; Manoj Kumar…
- **Appellants:** M/s Innovoprism…
- **Respondents:** Allgovision…

## Timeline

- **2016-01-01 — Insolvency and…**: The Insolvency and…
- **2018-07-01 — Service Marketing…**: Corporate debtor entered into Service…

## 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-division-bench-court-i-chenn/allgovision-technologies-private-limited-c673d010