# In the matter of Netizen Engineering Private Limited C.P. No. 2837-IBC-MB-2019

> NCLT judgment dated 2022-01-18. Citation: TCN-2022-NCLT-04429. The case involves a petition filed by K.K. Infonet System, the Operational Creditor, under…

- **Court:** NCLT
- **Order date:** 18 Jan 2022
- **Citation:** TCN-2022-NCLT-04429
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/netizen-engineering-private-limited-cp-no-2837-ibc-mb-2019-98c9bd03

## Summary

### Background

The case involves a petition filed by K.K. Infonet System, the Operational Creditor, under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against Netizen Engineering Private Limited, the Corporate Debtor, for an unresolved operational debt of Rs. 1,54,82,385.60. The debt pertains to various works carried out by the Operational Creditor for the Corporate Debtor from 2012 to 2016. The Corporate Debtor acknowledged the invoices but failed to make full payments, leading to the petition.

## Facts

K.K. Infonet System (Operational Creditor) provided services to Netizen Engineering Private Limited (Corporate Debtor) from 2012 to 2016 based on work orders. The Corporate Debtor acknowledged the services and the invoices raised by the Operational Creditor. The Operational Creditor raised 164 invoices for Rs. 2,00,28,098.17, along with 24 invoices for which work orders were yet to be issued, amounting to Rs. 14,15,610.80, aggregating to Rs. 2,14,43,708.97. The Corporate Debtor made partial payments but failed to clear all outstanding amounts. The Operational Creditor filed a Company Petition on 25.07.2019 under Section 9 of the IBC to initiate CIRP against the Corporate Debtor for an outstanding operational debt of Rs. 1,54,82,385.60. The Corporate Debtor opposed the

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## Issues and analysis

### Issue 1: Whether the Company …

**Ratio:** The principle of limitation under the Limitation Act, 1963, dictates the timeframe within

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**Reasoning:** The NCLT reasoned that the email dated 13.08.2016, along with the attached excel sheet,

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**Interpretation:** The court interpreted the email and excel sheet as an implicit acknowledgment

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**Application:** The court applied the principle of acknowledgment of debt to the facts of the

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## Parties

- **Judges:** H.V. Subb…; Chandra Bha…
- **Appellants:** K K Infonet…
- **Respondents:** Netizen Engineerin…; Netizen Engineerin…

## Timeline

- **2012-01-01 — Corporate Debtor…**: The Corporate Debtor approached the…
- **2012-06-11 — Work Executio…**: Operational Creditor carried out…

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