# In the matter of Trell Experience Private Limited

> NCLT judgment dated 2023-12-19. Citation: TCN-2023-NCLT-00146. MoEngage India Private Limited, an operational creditor, filed a petition under Section 9 of…

- **Court:** NCLT
- **Order date:** 19 Dec 2023
- **Citation:** TCN-2023-NCLT-00146
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/trell-experience-private-limited-a387d27d

## Summary

### Background

MoEngage India Private Limited, an operational creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against Trell Experiences Private Limited, the corporate debtor. The petition was based on the corporate debtor's alleged default on a total outstanding amount of Rs. 1,11,15,302/-. The operational creditor provided services to the corporate debtor under a Software as a Service License Agreement dated December 1, 2018, and subsequent addendums. Despite raising invoices for the services rendered, the corporate debtor failed to make payments. The operational creditor issued demand notices, but the corporate debtor failed to clear the outstanding dues or respond to the notices.

## Facts

MoEngage India Private Limited (Operational Creditor) provided services to Trell Experiences Private Limited (Corporate Debtor) under a Software as a Service License Agreement dated December 1, 2018, and subsequent addendums. The Corporate Debtor intended to conduct its business through an online platform. For the services rendered, the Operational Creditor raised eleven invoices from December 1, 2021, to September 2, 2022, totaling Rs. 1,11,15,302/-. The Corporate Debtor failed to make payments despite the invoices. The Corporate Debtor acknowledged the pending dues via email dated December 22, 2021, but still failed to clear the outstanding amounts. The Operational Creditor sent reminder emails on January 13, 2022, and January 26, 2022, calling upon the Corporate

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## Issues and analysis

### Issue 1: Whether the Operational Creditor, MoEngage India Private Limited, has established a debt and …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, allows an operational creditor to

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**Reasoning:** The court found that the operational creditor had provided services to the corporate

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**Interpretation:** Section 9 of the IBC requires the operational creditor to demonstrate the

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**Application:** In this case, the operational creditor, MoEngage India Private Limited,

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## Parties

- **Judges:** K. Bi…; Manoj Kumar…
- **Appellants:** MoEngage India…
- **Respondents:** Trell Experiences…

## Timeline

- **2018-12-01 — Software as a Service…**: MoEngage India Private Limited and Trell Experiences Private Limited entered into a…
- **2021-12-01 — Invoice Perio…**: Start date of the period for which invoices were…

## 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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