# In the matter of Sendoz Implex Limited

> NCLT judgment dated 2023-12-12. Citation: TCN-2023-NCLT-00296. High Ground Enterprise Limited filed an application under Section 9 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 12 Dec 2023
- **Citation:** TCN-2023-NCLT-00296
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/sendoz-implex-limited-e664d6ed

## Summary

### Background

High Ground Enterprise Limited filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Sendoz Implex Limited, alleging default in payment for services rendered. The Operational Creditor (High Ground Enterprise Limited) claimed that Sendoz Implex Limited defaulted on invoices amounting to Rs. 6,73,14,434, which accumulated as of January 29, 2019. The Operational Creditor issued a demand notice dated April 27, 2022, under Section 8 of the I&B Code. The Corporate Debtor (Sendoz Implex Limited) contended that there were pre-existing disputes regarding the services rendered and had raised debit notes on the Operational Creditor. The Corporate Debtor also argued that the application was barred by limitation.

## Facts

High Ground Enterprise Limited (Operational Creditor) filed an application against Sendoz Implex Limited (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, claiming a default of Rs. 11,75,33,839, which included a principal amount of Rs. 6,73,14,434 and interest of Rs. 5,02,19,405. The Operational Creditor alleged that invoices were raised from April 2017 to February 2019, and the last payment was made on June 20, 2019. The Corporate Debtor contended that there were pre-existing disputes regarding the services rendered and had raised debit notes for Rs. 7,18,85,288. The Corporate Debtor also claimed that payments were made on an ad-hoc basis and not invoice-to-invoice. The Operational Creditor issued a demand notice on April 27, 2022, under

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the Insolvency and Bankruptcy Code, 2016, is …

**Ratio:** The Insolvency and Bankruptcy Code, 2016, is not intended to be used as a recovery

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**Reasoning:** The court inferred the existence of pre-existing disputes based on the correspondences

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**Interpretation:** The existence of a 'pre-existing dispute' is a bar to the admission of an

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**Application:** In this case, the court found that the Corporate Debtor had raised pre-existing

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## Parties

- **Judges:** BIDISHA BA…; D. Ar…
- **Appellants:** High Ground…
- **Respondents:** Sendoz Implex…

## Timeline

- **2017-04-01 — Invoices…**: Corresponding invoices against services rendered were raised from April 2017 to February…
- **2019-01-29 — Default…**: The Corporate Debtor started defaulting and failed to honor the payment for invoices…

## 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)

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