# In the matter of Ovrview Technologies Private Limited  IB-3463-(ND)-2019

> NCLT judgment dated 2022-10-14. Citation: TCN-2022-NCLT-00743. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 14 Oct 2022
- **Citation:** TCN-2022-NCLT-00743
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/ovrview-technologies-private-limited-ib-3463-nd-2019-61a6e944

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by DK Solar Projects & Ventures Private Limited (Operational Creditor) against Ovrview Technologies Private Limited (Corporate Debtor) for initiation of Corporate Insolvency Resolution Process (CIRP) due to unpaid operational debt. The Operational Creditor claimed that the Corporate Debtor failed to pay Rs. 40,97,152/-, which included the principal outstanding amount of Rs. 32,02,719/- and an interest amount of Rs. 8,94,433/-. The Corporate Debtor argued that there was a pre-existing dispute regarding the quality of goods supplied and delayed supply, and that the payment was dependent on funds received from Renew Power Limited.

## Facts

DK Solar Projects & Ventures Private Limited (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Ovrview Technologies Private Limited (Corporate Debtor) for unpaid operational debt. The Operational Creditor had been providing Solar EPC and O & M services to the Corporate Debtor for several years. The Corporate Debtor failed to make a payment of Rs. 40,97,152/-, including principal and interest. The Operational Creditor issued a demand notice on 05.09.2019. The Corporate Debtor did not reply to the demand notice but sent an email on 10.09.2019 stating that they would clear the outstanding dues in three installments. The Corporate Debtor made a payment of Rs. 4,00,000/- on 12.09.2019. The Corporate

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## Issues and analysis

### Issue 1: Whether there exists an Operational …

**Ratio:** Section 3(21) of the Insolvency and Bankruptcy Code, 2016 defines 'operational debt' as a

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**Reasoning:** The NCLT reasoned that the Applicant provided goods to the Corporate Debtor and raised

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**Interpretation:** The definition of 'operational debt' is interpreted broadly to include claims

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**Application:** In this case, the Applicant provided solar equipment and related services to

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## Parties

- **Judges:** DHARMINDER…; BINOD KUMAR…
- **Appellants:** DK Solar Projects…
- **Respondents:** Ovrview Technologi…

## Timeline

- **2018-02-28 — Purchase Ord…**: Purchase order was…
- **2018-04-01 — Invoice Perio…**: Invoices raised from 19th March 2018 to 29th September 2018, which fell due between 18th…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 3(21) — Definitions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-3)

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