# In the matter of Artemis Electricals and Projects Limited CP (IB) No.257-MB-IV-2021

> NCLT judgment dated 2023-06-28. Citation: TCN-2023-NCLT-05396. Conquerent Control Systems Private Limited, the Operational Creditor, filed a Company Petition…

- **Court:** NCLT
- **Order date:** 28 Jun 2023
- **Citation:** TCN-2023-NCLT-05396
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-mumbai/artemis-electricals-and-projects-limited-cp-ib-no257-mb-iv-2021-9dcbacd5

## Summary

### Background

Conquerent Control Systems Private Limited, the Operational Creditor, filed a Company Petition under Section 9 of the Insolvency & Bankruptcy Code, 2016 (IBC) seeking initiation of Corporate Insolvency Resolution Process (CIRP) against Artemis Electricals Limited, the Corporate Debtor.

## Facts

Conquerent Control Systems Private Limited filed a petition under Section 9 of the IBC against Artemis Electricals Limited.

The petition claimed an amount of Rs. 1,46,63,054/- including interest calculated at 12.75% from 10/10/2019.

The Corporate Debtor issued purchase orders for the supply of panels and transformers to the Operational Creditor for the Delhi Police Headquarters.

The Corporate Debtor alleged defects in the installation and commissioning of panels, leading to tripping issues.

The Corporate Debtor communicated these defects to the Operational Creditor via emails, but the Operational Creditor allegedly failed to rectify them.

The Operational Creditor issued a demand notice under Section 8 of the Code on 22.11.2020, which the Corporate Debtor did not reply to.

…

## Issues and analysis

### Issue 1: Whether a pre-existing dispute exists between the …

**Ratio:** An application under Section 9 of the IBC cannot be admitted if there is a pre-existing

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**Reasoning:** The Corporate Debtor presented communications indicating complaints about poor service

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**Interpretation:** The existence of a dispute prior to the issuance of the demand notice bars the

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**Application:** The NCLT found that a pre-existing dispute existed, thus the application was

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## Parties

- **Judges:** Prabhat…; KISHORE VEMULAPALL…
- **Appellants:** Conquerent…
- **Respondents:** Artemis Electrical…
- **Advocates:** Amir Ars…

## Timeline

- **2021-03-02 — Filing of Company…**: The Company Petition…
- **2019-10-10 — Date of D…**: The Part IV of Form 5 specify the date of default as 10.10.2019(i.e. date of first…

## 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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