# In the matter of Kerala State Electronics Development Corporation Limited

> NCLT judgment dated 2023-12-05. Citation: TCN-2023-NCLT-00427. Unifylabs Systems Private Limited, the Operational Creditor (OC), filed an application under…

- **Court:** NCLT
- **Order date:** 5 Dec 2023
- **Citation:** TCN-2023-NCLT-00427
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/kerala-state-electronics-development-corporation-limited-647c0025

## Summary

### Background

Unifylabs Systems Private Limited, the Operational Creditor (OC), filed an application under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016, read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Kerala State Electronics Development Corporation Limited, the Corporate Debtor (CD). The OC claimed a default of Rs. 54,78,44,324/- due and payable by the CD. The OC stated that the CD was awarded a contract by Asansol Municipal Corporation (AMC) for the implementation of the Enterprise Municipal System EGIYE Project (EMS Project). The CD subcontracted part of the project works to the OC, including setting up infrastructure, Data Center (DC) Primary

…

## Facts

Unifylabs Systems Private Limited (Operational Creditor - OC) filed an application under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016 against Kerala State Electronics Development Corporation Limited (Corporate Debtor - CD) for a default of Rs. 54,78,44,324/-. The OC claimed that the CD subcontracted part of the Enterprise Municipal System EGIYE Project (EMS Project) awarded by Asansol Municipal Corporation (AMC) to them. The OC was responsible for setting up infrastructure, Data Center (DC) Primary Cloud, and Secondary Cloud Data Recover (DR). The OC completed the works and services up to 30.06.2020. The CD defaulted on payments. The OC served a demand notice on 15.11.2022. The CD contended that the contract with the OC was null and void, there was no

…

## Issues and analysis

### Issue 1: Whether there is a pre-existing …

**Ratio:** The Apex court in Mobilox Innovations 2018 (1) SCC 353, the defence/dispute raised by the

…

**Reasoning:** The Tribunal noted that a similar application by the same OC against the same respondent

…

**Interpretation:** A pre-existing dispute implies that a dispute existed before the issuance of

…

**Application:** In this case, the Tribunal found that there were disputed questions regarding

…

## Parties

- **Judges:** TMT. (Retd.)…; Shri. Shyam Babu…
- **Appellants:** UNIFYLABS SYSTEMS…
- **Respondents:** KERALA STATE…

## Timeline

- **1972-09-29 — Incorporatio…**: Kerala State Electronics Development…
- **2017-08-02 — Contract fr…**: CD was awarded Annexure B1,…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/kerala-state-electronics-development-corporation-limited-647c0025