# In the matter of Rexel India Pvt. Ltd.

> NCLT judgment dated 2023-09-27. Citation: TCN-2023-NCLT-01456. Voxtur Bio. Ltd. filed a Company Petition under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 27 Sept 2023
- **Citation:** TCN-2023-NCLT-01456
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/rexel-india-pvt-ltd-454e96f9

## Summary

### Background

Voxtur Bio. Ltd. filed a Company Petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against Rexel India Pvt Ltd, claiming an operational debt of Rs. 1,63,94,658/- along with interest. Voxtur Bio. Ltd. claimed to have supplied Covid-19 Antibody based Rapid Test kits, VTM Viral Transport Medium & Covid-19 Antigen based Rapid Test kits to Rexel India Pvt Ltd. A demand notice was issued on 24.06.2022, which Rexel India Pvt Ltd replied to on 07.07.2022, raising the issue of defective Covid-19 Antigen based Rapid Test kits.

## Facts

Voxtur Bio. Ltd. (Operational Creditor) filed a petition against Rexel India Pvt Ltd (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, claiming an operational debt of Rs. 1,63,94,658/-. Voxtur Bio. Ltd. supplied Covid-19 Antibody based Rapid Test kits, VTM Viral Transport Medium & Covid-19 Antigen based Rapid Test kits to Rexel India Pvt Ltd. A demand notice was issued by Voxtur Bio. Ltd. on 24.06.2022. Rexel India Pvt Ltd responded on 07.07.2022, claiming the kits were defective and rejected by their client, UPMSCL. Rexel India Pvt Ltd provided evidence that Voxtur Bio. Ltd. was informed of the defective kits prior to the demand notice. The payment terms agreed upon were 50% advance and balance on receipt of payment from their

…

## Issues and analysis

### Issue 1: Whether a pre-existing dispute existed between Voxtur Bio. Ltd. and Rexel India Pvt Ltd regarding …

**Ratio:** The existence of a pre-existing dispute, as defined under Section 8 and 9 of the IBC,

…

**Reasoning:** The court relied on precedents, including Mobilox Innovations Pvt. Ltd. Vs. Kirusa

…

**Interpretation:** The definition of 'dispute' under the IBC is inclusive and encompasses not only

…

**Application:** In this case, the court found that Rexel India Pvt Ltd had communicated the

…

## Parties

- **Judges:** Reeta K…; Madhu S…
- **Appellants:** Voxtur Bio…
- **Respondents:** Rexel India Pvt.…
- **Advocates:** Saurabh K…

## Timeline

- **2022-06-24 — Demand Notice…**: Voxtur Bio. Ltd. issued a demand notice to Rexel India Pvt Ltd for the outstanding…
- **2022-07-07 — Reply to Deman…**: Rexel India Pvt Ltd replied to the demand notice, raising the issue of defective Covid-19…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/rexel-india-pvt-ltd-454e96f9