# In the matter of PARTH NEXGEN SERVICES PRIVATE LIMITED

> NCLT judgment dated 2025-06-04. Citation: TCN-2025-NCLT-00018. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 4 Jun 2025
- **Citation:** TCN-2025-NCLT-00018
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/parth-nexgen-services-private-limited-dfa51701

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by M/s Inspired Consultancy Services Private Limited (Operational Creditor) to initiate Corporate Insolvency Resolution Process (CIRP) against M/s MDG Consultants and Engineers Private Limited (Corporate Debtor) for failing to pay an outstanding operational debt of Rs. 2,31,53,347/- along with interest. The Operational Creditor claimed to have provided digital marketing services to the Corporate Debtor under a Business Service Agreement dated 04.10.2023. The Corporate Debtor contested the application, alleging a pre-existing dispute regarding the quality and timeliness of services.

## Facts

M/s Inspired Consultancy Services Private Limited (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against M/s MDG Consultants and Engineers Private Limited (Corporate Debtor) for an outstanding operational debt of Rs. 2,31,53,347/-. The Operational Creditor and Corporate Debtor entered into a Business Service Agreement on 04.10.2023, where the Operational Creditor agreed to provide digital marketing services to the Corporate Debtor. The Operational Creditor raised invoices totaling Rs. 3,13,31,845/- between 01.11.2023 and 30.01.2024, but the Corporate Debtor only paid Rs. 81,78,498/-, leaving Rs. 2,31,53,347/- outstanding. The Operational Creditor issued a demand notice on 08.05.2024 under Section 8 of the IBC,

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the …

**Ratio:** An application under Section 9 of the IBC is maintainable if the operational debt exceeds

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**Reasoning:** The Adjudicating Authority considered the submissions and evidence presented by both

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**Interpretation:** Section 9 of the IBC allows an operational creditor to initiate CIRP against a

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**Application:** The Adjudicating Authority found that the operational debt exceeded Rs. 1 lakh,

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## Parties

- **Judges:** MAHENDRA KHANDELWA…; Sanjeev R…
- **Appellants:** M/s Inspired…
- **Respondents:** M/s MDG Consultant…
- **Advocates:** A Mis…; Sahi…; +2 more

## Timeline

- **2013-06-17 — Incorporation of…**: M/s MDG Consultants and Engineers…
- **2023-10-04 — Business Service…**: A Business Service Agreement was executed between the Operational Creditor and the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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