# In the matter of Times Internet Ltd. I.A. 3010-2022 in Company Petition (IB) No.658-ND-2020

> NCLT judgment dated 2023-04-27. Citation: TCN-2023-NCLT-03602. The case involves an application (IA/3010/2022) filed in an existing insolvency proceeding…

- **Court:** NCLT
- **Order date:** 27 Apr 2023
- **Citation:** TCN-2023-NCLT-03602
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/times-internet-ltd-ia-3010-2022-in-company-petition-ib-no658-nd-2020-1bf7bcda

## Summary

### Background

The case involves an application (IA/3010/2022) filed in an existing insolvency proceeding (IB-658/ND/2020) under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016. The applicant, M/s Zebronics India Private Limited, sought to amend its insolvency application due to a clerical error in the demand notice. The respondent, Times Internet Ltd., objected to the amendment, arguing that the error rendered the demand notice defective and the application not maintainable. The respondent also contended that the outstanding amount was below the threshold for initiating CIRP. The applicant argued that the error was inadvertent and did not affect the total amount of debt or the amount claimed to be in default.

## Facts

M/s Zebronics India Private Limited filed an insolvency application (IB-658/ND/2020) against Times Internet Ltd. for default in repayment of Rs. 21,05,680/-. The application was filed under FORM-5 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. The applicant sought to amend the application (IA/3010/2022) due to a clerical error in the demand notice, where incorrect invoice numbers and dates were mentioned. The respondent objected, arguing that the error rendered the demand notice defective and the application not maintainable, and that the actual outstanding amount based on valid invoices was only Rs. 2,432, which is below the threshold of Rs. 1,00,000/-. The respondent also stated that they had paid Rs. 1,99,637/-. The applicant

…

## Issues and analysis

### Issue 1: Whether the clerical error in the demand notice renders the insolvency application defective and …

**Ratio:** An inadvertent clerical error/mistake which does not have any effect on the ultimate

…

**Reasoning:** The court relied on the precedent set by the NCLAT in Rajendra Bhai Panchal Vs. M/s Jay

…

**Interpretation:** The interpretation of the law is that minor errors in a demand notice, which do

…

**Application:** In this case, the clerical error in the demand notice regarding the invoice

…

## Parties

- **Judges:** P.S.N. P…; RAHUL BHA…
- **Appellants:** M/s Zebronics…
- **Respondents:** Times Internet…
- **Advocates:** Gaurav…; Manish Shri…; +1 more

## Timeline

- **2020-02-19 — Filing of Insolvency…**: M/s Zebronics India Private Limited filed an insolvency application (IB-658/ND/2020)…
- **2020-01-22 — Demand Notice…**: Demand notice issued to Times Internet Ltd. on 22.01.2020, based on a notice dated…

---

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/times-internet-ltd-ia-3010-2022-in-company-petition-ib-no658-nd-2020-1bf7bcda