# In the matter of Explo Media Private Limited

> NCLT judgment dated 2022-02-08. Citation: TCN-2022-NCLT-04220. The case involves a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016,…

- **Court:** NCLT
- **Order date:** 8 Feb 2022
- **Citation:** TCN-2022-NCLT-04220
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/explo-media-private-limited-156f0ca6

## Summary

### Background

The case involves a petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by T&D Hospitality India LLP (Operational Creditor) against Explo Media Private Limited (Corporate Debtor) for initiating the Corporate Insolvency Resolution Process (CIRP). The operational debt arises from the supply of headrest covers to Air India Limited, for which Explo Media Private Limited allegedly failed to make full payment. The Operational Creditor claims that the Corporate Debtor owes Rs. 15,22,941/-, including interest. The Corporate Debtor contends that there was a pre-existing dispute regarding the quality of the supplied goods and that the demand notice was not properly served.

## Facts

T&D Hospitality India LLP (Operational Creditor) filed a petition against Explo Media Private Limited (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Operational Creditor claimed that the Corporate Debtor owed Rs. 15,22,941/- for the supply of headrest covers to Air India Limited. The Corporate Debtor had approached the Operational Creditor around February-March 2018 for the supply of headrest covers directly to Air India Limited. Air India Limited had issued a letter of Authority dated 19.08.2019 in the name of Corporate Debtor. The Operational Creditor supplied the headrest covers to Air India Limited, and invoices were issued in the name of Corporate Debtor. It was agreed that the Corporate Debtor would make part payments in

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## Issues and analysis

### Issue 1: Whether the demand notice under Section 8 of the Insolvency and Bankruptcy Code, 2016, was duly …

**Ratio:** Rule 5 of the IBBI (Application to Adjudicating Authority) Rules, 2016, allows for

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**Reasoning:** The Adjudicating Authority considered the evidence presented by the Operational Creditor,

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**Interpretation:** The court interpreted Rule 5 of the IBBI Rules to mean that service of a demand

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**Application:** The court applied the ratio to the facts of the case, noting that the demand

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## Parties

- **Judges:** Sh. Abni Ranjan…; SH. L. N.…
- **Appellants:** T&D HOSPITALITY…
- **Respondents:** EXPLO MEDIA…

## Timeline

- **2018-02-01 — Corporate Debtor…**: Around February-March 2018, the Corporate Debtor approached the Operational Creditor for…
- **2019-08-19 — Air India issues Letter…**: Air India Limited issued a letter of Authority dated 19.08.2019 in the name of Corporate…

## 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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