# In the matter of Bodhtree Consulting Limited CP (IB) No. 271-9-HDB-2020

> NCLT judgment dated 2023-02-20. Citation: TCN-2023-NCLT-04520. Cryon Software Experts India Pvt Ltd, the operational creditor, filed an application under…

- **Court:** NCLT
- **Order date:** 20 Feb 2023
- **Citation:** TCN-2023-NCLT-04520
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/bodhtree-consulting-limited-cp-ib-no-271-9-hdb-2020-f87f1a36

## Summary

### Background

Cryon Software Experts India Pvt Ltd, the operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Bodhtree Consulting Ltd, the corporate debtor, for defaulting on a debt of Rs. 9,24,37,791. The operational creditor provides software products and consulting services. The corporate debtor is a limited company that transforms businesses using cloud analytics and digital solutions. The dispute arose from two purchase orders. The first purchase order was fulfilled, and payment was made. The second purchase order led to an invoice of Rs. 6,39,44,753, for which the corporate debtor issued a cheque that was later stopped. The operational creditor issued a demand notice, which the corporate debtor replied to, alleging a

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## Facts

Cryon Software Experts India Pvt Ltd (Operational Creditor) supplied software products and consulting services to Bodhtree Consulting Ltd (Corporate Debtor). The Corporate Debtor issued a tender in favor of 'Madhya Pradesh Poorv Kshetra Vidyut Vitaran Limited' for providing required services. The Corporate Debtor approached the Operational Creditor for Microsoft Cloud and Software Licensing services for their customer. Both parties entered into an agreement on 2017-04-29, which was renewed until 2018-12-31. The Operational Creditor raised an invoice for Rs. 6,39,44,753 on 2018-06-29, with payment due in 55 days. The Corporate Debtor issued a cheque for the same amount, which was returned unpaid on 2018-08-30 with the remark 'PAYMENT STOPPED BY DRAWER'. The Operational

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## Issues and analysis

### Issue 1: Whether an operational debt as claimed by the Applicant is due and payable by the corporate debtor …

**Ratio:** The legal principle applied is that if an operational debt exists and is above the

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**Reasoning:** The Tribunal reasoned that the corporate debtor had accepted and paid for the first

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**Interpretation:** The interpretation is that a 'pre-existing dispute' must be a genuine dispute

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**Application:** The Tribunal applied this to the facts by noting the corporate debtor's initial

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## Parties

- **Judges:** Venkata Ramakrishn…; SH. CHARAN…
- **Appellants:** Cryon Software…
- **Respondents:** Bodhtree Consultin…

## Timeline

- **2017-04-29 — Agreement…**: Operational Creditor and Corporate…
- **2018-06-29 — Invoice…**: Operational Creditor raised an…

## 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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