# In the matter of Lumata Digital India Private Limited CP (IB) No. 299-Chd-Hry-2019

> NCLT judgment dated 2023-02-14. Citation: TCN-2023-NCLT-04599. Giesecke & Devrient MS India Private Limited filed a petition under Section 9 of the Insolvency…

- **Court:** NCLT
- **Order date:** 14 Feb 2023
- **Citation:** TCN-2023-NCLT-04599
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/lumata-digital-india-private-limited-cp-ib-no-299-chd-hry-2019-0775bf30

## Summary

### Background

Giesecke & Devrient MS India Private Limited filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Lumata Digital India Private Limited, seeking to initiate Corporate Insolvency Resolution Process (CIRP). The petition was based on an alleged default in payment of operational debt. The corporate debtor, Lumata Digital India Private Limited, is a company incorporated on 23.11.2009. The operational creditor and the corporate debtor had an agreement for DSTK services, where the corporate debtor was required to reimburse the annual maintenance charges incurred by the operational creditor. The operational creditor claimed that the corporate debtor failed to make payments towards the AMC and revenue share, leading to a default of Rs.

…

## Facts

Giesecke & Devrient MS India Private Limited (Operational Creditor) filed a petition against Lumata Digital India Private Limited (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate CIRP. The claim arose from an agreement for DSTK services, where the Corporate Debtor was to reimburse Annual Maintenance Charges (AMC) to the Operational Creditor. The Operational Creditor claimed a default of Rs. 1,05,79,443/-. An agreement for DSTK Service was executed on 30.03.2012 between the corporate debtor and Smarttrust Infosolution Private Limited (SIPL) for launching DSTK Services through various delivery channels for Uninor subscribers. SIPL later consolidated with the operational creditor vide Deed of Novation dated

…

## Issues and analysis

### Issue 1: Whether the demand notice dated 15.02.2019 was …

**Ratio:** A demand notice is considered duly served if it is sent to the corporate debtor and the

…

**Reasoning:** The corporate debtor gave a reply dated 24.02.2019 to the demand notice. Therefore, the

…

**Interpretation:** The court interpreted that providing a reply to the demand notice is an

…

**Application:** Since the corporate debtor replied to the demand notice, the court concluded

…

## Parties

- **Judges:** Harnam Singh…; SUBRATA KUM…
- **Appellants:** Giesecke&Devrient…
- **Respondents:** Lumata Digital…
- **Advocates:** Pancham S…; Sarvesh…; +1 more

## Timeline

- **2009-11-23 — Incorporation of…**: Lumata Digital India Private…
- **2012-03-30 — Agreement for DSTK…**: Agreement for DSTK Service executed between the corporate debtor and Smarttrust…

## 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/lumata-digital-india-private-limited-cp-ib-no-299-chd-hry-2019-0775bf30