# In the matter of Black Pepper Technologies Private Limited CP (IB) No. 41-BB-2020

> NCLT judgment dated 2023-01-31. Citation: TCN-2023-NCLT-04843. Mos Logi Technologies Private Limited filed a petition under Section 9 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 31 Jan 2023
- **Citation:** TCN-2023-NCLT-04843
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/black-pepper-technologies-private-limited-cp-ib-no-41-bb-2020-0ace54f0

## Summary

### Background

Mos Logi Technologies Private Limited filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Black Pepper Technologies Private Limited, alleging a default of Rs. 67,77,252/-. The Operational Creditor and Corporate Debtor entered into an agreement on 28.05.2015, where the Corporate Debtor availed services as Analog/Physical Design. The Corporate Debtor defaulted on payments, leading to the petition. This is the third round of litigation between the parties, with previous settlement attempts failing.

## Facts

Mos Logi Technologies Private Limited (Operational Creditor) filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Black Pepper Technologies Private Limited (Corporate Debtor). The Operational Creditor and Corporate Debtor entered into an agreement on 28.05.2015, where the Corporate Debtor availed services as Analog/Physical Design. The Corporate Debtor defaulted on payments, leading to the petition. The outstanding amount is Rs. 67,77,252/-. Previous attempts to settle the matter failed, leading to the restoration of the petition. The Corporate Debtor did not attend the hearing on 10.11.2022, and no objections were filed. The Corporate Debtor had agreed to settle the amount on

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## Issues and analysis

### Issue 1: Whether the petition filed under Section 9 of the IBC, 2016, by the Operational Creditor to …

**Ratio:** Section 9 of the IBC, 2016, allows an operational creditor to initiate CIRP against a

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**Reasoning:** The Adjudicating Authority considered the pleadings, provisions of the Code, and the

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**Interpretation:** Section 9 provides a mechanism for operational creditors to recover outstanding

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**Application:** The court applied Section 9 to the facts, noting the default amount, the

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## Parties

- **Judges:** T. Krishn…; Manoj Kumar…
- **Appellants:** Mos Logi Technolog…
- **Respondents:** Black Pepper…

## Timeline

- **2020-01-13 — Petition…**: The present petition was filed under section 9 of the Insolvency and Bankruptcy Code,…
- **2019-08-30 — Previous Petition…**: C.P.(IB)No.274/BB/2019 was disposed of as withdrawn in view of the Joint Memo of…

## 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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