# In the matter of BHOOMIKA MEDIA INITIATIVE PRIVATE LIMITED

> NCLT judgment dated 2025-05-28. Citation: TCN-2025-NCLT-00040. Radiant Digitek Network Limited, the Operational Creditor, filed a Company Petition (CP No.…

- **Court:** NCLT
- **Order date:** 28 May 2025
- **Citation:** TCN-2025-NCLT-00040
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/bhoomika-media-initiative-private-limited-f57c011b

## Summary

### Background

Radiant Digitek Network Limited, the Operational Creditor, filed a Company Petition (CP No. 23/9/JPR/2023) under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Bhoomika Media Initiative Private Limited, the Corporate Debtor, seeking initiation of the Corporate Insolvency Resolution Process (CIRP). The petition was filed due to a default in the repayment of an operational debt amounting to Rs. 2,90,56,000/-. The Operational Creditor provides cable TV signal distribution services, which the Corporate Debtor availed for its channel, AlTV. The Corporate Debtor was required to pay channel placement charges. The Corporate Debtor made lump sum payments initially but later defaulted, leading to the petition.

## Facts

Radiant Digitek Network Limited (Operational Creditor) provided cable TV signal distribution services to Bhoomika Media Initiative Private Limited (Corporate Debtor) for its channel, AlTV. The Corporate Debtor was obligated to pay channel placement charges. Initially, the Corporate Debtor made lump sum payments, but later defaulted. As of 31.03.2023, an operational debt of Rs. 2,90,56,000/- was outstanding. The Operational Creditor sent emails on 02.01.2023 and 04.01.2023 seeking payment, which the Corporate Debtor responded to on 23.01.2023, acknowledging the debt but disputing the amount. The Corporate Debtor made a last payment of Rs. 3,00,000/- on 04.04.2022. The Operational Creditor issued a demand notice on 31.03.2023 under Section 8 of the IBC, which the

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## Issues and analysis

### Issue 1: Whether the petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 is …

**Ratio:** The Insolvency and Bankruptcy Code (IBC) is a special law with a non-obstante clause

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**Reasoning:** The Adjudicating Authority relied on the NCLAT's judgment in Telecom Regulatory Authority

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**Interpretation:** Section 238 of the IBC provides that the provisions of the Code shall have

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**Application:** The Corporate Debtor argued that the TRAI Act should govern the dispute, but

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## Parties

- **Judges:** Reeta K…; Kavita Bha…
- **Appellants:** Radiant Digitek…
- **Respondents:** Bhoomika Media…

## Timeline

- **2012-05-01 — Incorporation of…**: Bhoomika Media Initiative…
- **2022-04-04 — Last Payment by…**: Corporate Debtor made a payment of Rs.…

## 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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