# In the matter of V-Ensure Pharma Technologies Private Limited CP (IB) No. 308-MB-IV-2020

> NCLT judgment dated 2023-06-06. Citation: TCN-2023-NCLT-03075. The case involves an application filed by Elomatic-Pharmalab Consulting and Engineering Private…

- **Court:** NCLT
- **Order date:** 6 Jun 2023
- **Citation:** TCN-2023-NCLT-03075
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/v-ensure-pharma-technologies-private-limited-cp-ib-no-308-mb-iv-2020-f9c23ae3

## Summary

### Background

The case involves an application filed by Elomatic-Pharmalab Consulting and Engineering Private Limited (Operational Creditor) under Section 9 of the Insolvency & Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against V-Ensure Pharma Technologies Private Limited (Corporate Debtor). The Operational Creditor claimed a default of Rs. 36,55,050/- with the date of default being 15.11.2019, arising from engineering consultancy services provided to the Corporate Debtor. The Corporate Debtor contested the claim, alleging deficiencies in the services provided and a pre-existing dispute.

## Facts

Elomatic-Pharmalab Consulting and Engineering Private Limited (Operational Creditor) filed an application under Section 9 of the Insolvency & Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against V-Ensure Pharma Technologies Private Limited (Corporate Debtor). The Operational Creditor claimed a default of Rs. 36,55,050/-, with the date of default being 15.11.2019. The claim arose from engineering consultancy services provided by the Operational Creditor to the Corporate Debtor for a Greenfield Tablet & capsules mfg facility. The Corporate Debtor issued a purchase order for Rs. 30,00,000/- plus GST. The Operational Creditor raised invoices, some of which were paid by the Corporate Debtor. However, the final invoice dated

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## Issues and analysis

### Issue 1: Whether there exists a pre-existing dispute between the Operational Creditor and the Corporate …

**Ratio:** The Hon'ble Supreme Court in Mobilox Innovations Private Limited vs. Kirusa Software

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**Reasoning:** The court found that the Corporate Debtor had raised concerns about the services provided

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**Interpretation:** The interpretation of 'pre-existing dispute' is crucial in determining the

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**Application:** In this case, the court applied the ratio from Mobilox Innovations to the

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## Parties

- **Judges:** Prabhat…; KISHORE VEMULAPALL…
- **Appellants:** ELOMATIC-PHARMALAB…
- **Respondents:** V-ENSURE PHARMA…
- **Advocates:** Vishesh Sri…; Ranit…; +1 more

## Timeline

- **2019-11-15 — Date of D…**: The date on which the Corporate Debtor allegedly defaulted on the payment of Rs.…
- **2019-12-19 — Demand Notice…**: The Operational Creditor issued a Demand Notice under Section 8 of the Code, claiming the…

## 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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