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

> NCLT judgment dated 2022-10-14. Citation: TCN-2022-NCLT-00748. 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-00748
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/ovrview-technologies-private-limited-ib-3463-nd-2019-c847eebf

## 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 an outstanding amount of Rs. 40,97,152/-, which includes principal and interest. The Corporate Debtor raised objections, stating that there was a delay in the supply of goods by the Operational Creditor and that the payment was dependent on a third party, Renew Power Limited. The Operational Creditor argued that the Corporate Debtor had admitted its liability through

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## Facts

DK Solar Projects & Ventures Private Limited (Operational Creditor) filed an application against Ovrview Technologies Private Limited (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, 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 (Rs. 32,02,719/-) and interest (Rs. 8,94,433/-), due till 5th September 2019, for invoices raised between 19th March 2018 and 29th September 2018. A demand notice was sent on 05.09.2019, demanding Rs. 36,97,152/-. The Corporate Debtor made a payment of Rs. 4,00,000/- on 12th September 2019 after the demand notice. The

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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 court reasoned that the Applicant provided goods to the Corporate Debtor and raised

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**Interpretation:** The interpretation of 'operational debt' under Section 3(21) of the IBC, 2016,

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**Application:** The court applied the definition of 'operational debt' to the facts of the

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## Parties

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

## Timeline

- **2018-03-19 — Invoice Perio…**: Start of the period for which invoices…
- **2018-09-04 — Letter Seeking…**: Corporate Debtor sent a letter seeking assurance and confirmation regarding payments to…

## 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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