# In the matter of Tubelight Communication Limited C.P. 1104-IB-MB-2020

> NCLT judgment dated 2023-03-23. Citation: TCN-2023-NCLT-04092. The case involves an application filed by Bsmart Tech Private Limited, the Operational…

- **Court:** NCLT
- **Order date:** 23 Mar 2023
- **Citation:** TCN-2023-NCLT-04092
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/tubelight-communication-limited-cp-1104-ib-mb-2020-a45facb1

## Summary

### Background

The case involves an application filed by Bsmart Tech Private Limited, the Operational Creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against Tubelight Communication Limited, the Corporate Debtor, for an operational debt of Rs. 4,72,41,377.15. The Operational Creditor provided bulk messaging services to the Corporate Debtor and issued 29 invoices between April and August 2017. The Corporate Debtor made some payments until March 2017 but failed to clear the invoices issued from April 2017 onwards. The Operational Creditor issued demand notices, but the Corporate Debtor refuted its liability, claiming no contractual relationship. Settlement talks occurred, but no agreement was

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## Facts

Bsmart Tech Private Limited, the Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Tubelight Communication Limited, the Corporate Debtor. The Operational Creditor provided bulk messaging services to the Corporate Debtor. Twenty-nine invoices were issued between April 2017 and August 2017, totaling Rs. 4,72,41,377.15. The invoices were to be paid within ten days of the invoice date. The Corporate Debtor made payments until March 2017 but failed to pay invoices from April 2017 onwards. The Operational Creditor issued demand notices on November 14, 2017, January 4, 2018, March 13, 2018, March 31, 2018, and April 30, 2018. The Corporate Debtor refuted

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## Issues and analysis

### Issue 1: Whether the Operational Creditor established the existence of debt and default committed by the …

**Ratio:** The existence of debt and default is a prerequisite for admitting an application under

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**Reasoning:** The court found that the Operational Creditor had provided services, raised invoices, and

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**Interpretation:** The court interpreted the provisions of Section 9 of the IBC, emphasizing the

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**Application:** The court applied the ratio to the facts, noting that the invoices and demand

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## Parties

- **Judges:** Kuldip Kumar…; ANURADHA SANJAY…
- **Appellants:** Bsmart Tech…
- **Respondents:** Tubelight…

## Timeline

- **2017-04-01 — Invoice Perio…**: Start of the period for which invoices…
- **2017-08-01 — Invoice Per…**: End 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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