# Kritikal Solutions Pvt Ltd vs. Byju's K3 Education Pvt Ltd

> NCLT judgment dated 15 Oct 2025. Citation: TCN-2025-NCLT-01496. Kritikal Solutions Pvt Ltd filed a petition under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 15 Oct 2025
- **Citation:** TCN-2025-NCLT-01496
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-kolkata/kritikal-solutions-pvt-ltd-vs-byjus-k3-education-pvt-ltd-aefcf53a

## Summary

### Background

Kritikal Solutions Pvt Ltd filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Professional Process (CIRP) against Byju's K3 Education Pvt Ltd, claiming a default in payment of Rs. 1,76,71,832.74.

## Facts

Kritikal Solutions Pvt Ltd is a private limited company engaged in research and development and engineering services.

Byju's K3 Education Pvt Ltd is a private limited company in the education technology sector.

A Master Services Agreement (MSA) was entered into between Kritikal Solutions and Byju's K3 Education, effective from 20.08.2020.

Kritikal Solutions rendered services to Byju's K3 Education and raised invoices at periodic intervals.

Byju's K3 Education made payments against the invoices after deducting TDS.

Invoices raised between 30.06.2021 and 30.11.2021, TDS credits were not reflected in Kritikal Solutions' Form 26AS.

Kritikal Solutions raised invoices between September 2022 and November 2022, totaling Rs.1,91,84,300.76.

…

## Issues and analysis

### Issue 1: Whether the unpaid dues for services rendered fall within the scope of operational debt under …

**Ratio:** Under Section 5(21) of the Code, a claim arising out of the provision of services

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**Reasoning:** The Applicant rendered research, development, and engineering services to the Respondent

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**Interpretation:** The term 'operational debt' is interpreted to include dues for services

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**Application:** The amount claimed by Kritikal Solutions qualifies as an operational debt

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## Parties

- **Judges:** Sunil Kumar…; Radhakrishna…
- **Appellants:** Kritikal Solutions…
- **Respondents:** Byju's K3…; Byju's K3…
- **Other parties:** Insolvency and…; Corporate…; +4 more

## Timeline

- **06.01.2025 — Petition…**: Petition filed under section 9 of the…
- **31.07.2024 — Demand Notice…**: Demand Notice in Form 3 issued…

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