# In the matter of Rediff . Com India Limited CP (IB) 2963-MB-2019

> NCLT judgment dated 2022-11-25. Citation: TCN-2022-NCLT-00331. Ripple IP Services LLP, the Operational Creditor, filed a Company Petition under Section 9 of…

- **Court:** NCLT
- **Order date:** 25 Nov 2022
- **Citation:** TCN-2022-NCLT-00331
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/rediff-com-india-limited-cp-ib-2963-mb-2019-5b5d0031

## Summary

### Background

Ripple IP Services LLP, the Operational Creditor, filed a Company Petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) to initiate Corporate Insolvency Resolution Process (CIRP) against Rediff.com India Limited, the Corporate Debtor, due to unpaid operational debt. The Operational Creditor claimed that the Corporate Debtor failed to pay invoices amounting to INR 12,04,454/- which became due on 01.04.2017, along with interest of Rs.3,79,403/-, totaling INR 15,83,857/-. The Corporate Debtor contested the petition, alleging misrepresentation of facts, fabrication of invoices, and the existence of a pre-existing dispute.

## Facts

Ripple IP Services LLP (Operational Creditor) provided intellectual property services to Rediff.com India Limited (Corporate Debtor) from 12.06.2013 to 31.01.2017, based on a formal engagement. The Operational Creditor raised 12 invoices amounting to INR 12,04,454/-, but the Corporate Debtor failed to clear invoices dated 01.03.2017, which became due on 01.04.2017. The Operational Creditor sent reminder emails, to which the Corporate Debtor responded with assurances of payment. The Operational Creditor issued a Demand Notice under Section 8 of the IBC on 31.01.2019, demanding INR 12,04,454/- plus interest of INR 3,79,403/-. The Corporate Debtor replied to the Demand Notice, alleging misrepresentation of facts, fabrication of invoices, and the existence of a

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## Issues and analysis

### Issue 1: Whether the petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 by the …

**Ratio:** The existence of a pre-existing dispute, as defined under the IBC, renders a Section 9

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**Reasoning:** The Adjudicating Authority found that there were communications indicating issues to be

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**Interpretation:** The IBC requires the absence of a pre-existing dispute for the initiation of

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**Application:** The Adjudicating Authority determined that the communications between the

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## Parties

- **Judges:** P.N. Des…; Shyam Babu…
- **Appellants:** Ripple IP…
- **Respondents:** Rediff.com India…

## Timeline

- **1996-01-09 — Corporate Debtor…**: Rediff.com India Limited was…
- **2013-05-03 — Engagement…**: Formal engagement terms signed and…

## 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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