# In the matter of Felix Infotech Private Limited CP-IB-67-CHE-2021

> NCLT judgment dated 2022-07-18. Citation: TCN-2022-NCLT-01671. The case involves an application filed by Beetel Teletech Limited (Operational Creditor) under…

- **Court:** NCLT
- **Order date:** 18 Jul 2022
- **Citation:** TCN-2022-NCLT-01671
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/felix-infotech-private-limited-cp-ib-67-che-2021-012c8242

## Summary

### Background

The case involves an application filed by Beetel Teletech Limited (Operational Creditor) under Section 9 of the Insolvency & Bankruptcy Code, 2016, against Felix Infotech Private Limited (Corporate Debtor) to initiate the Corporate Insolvency Resolution Process (CIRP). The Operational Creditor claimed a principal sum of Rs. 2,53,34,992/- and interest of Rs. 43,85,004/-, aggregating to Rs. 2,97,19,996/-. The Corporate Debtor argued that there was a pre-existing dispute regarding the quality and delivery of goods, which should be adjudicated by a civil court.

## Facts

Beetel Teletech Limited (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Felix Infotech Private Limited (Corporate Debtor) for a default of Rs. 2,97,19,996/-. The debt arose from the supply of goods under various purchase orders. The Operational Creditor claimed that the Corporate Debtor failed to make payments within the agreed 90-day period from the date of each invoice, with an agreed interest of 18% P.A. for delayed payments. The Corporate Debtor admitted to the outstanding amount and issued a balance confirmation certificate on May 18, 2020. However, cheques issued by the Corporate Debtor were dishonored on May 20, 2020. The Corporate Debtor made some payments after March 31, 2020, totaling Rs.

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor has raised any dispute as against supply of goods by the Operational …

**Ratio:** The existence of a 'dispute' prior to the issuance of a demand notice under Section 8 of

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**Reasoning:** The NCLT examined the emails exchanged between the parties before the issuance of the

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**Interpretation:** The term 'dispute' under the IBC is interpreted broadly to include any

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**Application:** In this case, the NCLT found that the emails exchanged between the parties

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## Parties

- **Judges:** S. Ramath…; SAMEER…
- **Appellants:** Beetel Teletech…
- **Respondents:** Felix Infotech…
- **Advocates:** Kunwar Pal…; Vairava Subramania…

## Timeline

- **2019-11-16 — Invoice RV192…**: Invoice RV1927811522 issued…
- **2019-11-27 — Invoice RV193…**: Invoice RV1933810072…

## 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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