# In the matter of Next Education India Private Limited vs. K12 Techno Services Private Limited

> SC judgment dated 2023-03-27. Citation: TCN-2023-SC-00086. The appellant, M/S Next Education India Private Limited, filed an appeal against the order passed…

- **Court:** SC
- **Order date:** 27 Mar 2023
- **Citation:** TCN-2023-SC-00086
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/next-education-india-private-limited-vs-k12-techno-services-private-limited-562b7b41

## Summary

### Background

The appellant, M/S Next Education India Private Limited, filed an appeal against the order passed by the National Company Law Appellate Tribunal (NCLAT), New Delhi, which upheld the order of the National Company Law Tribunal (NCLT), Bengaluru Bench. The NCLT had dismissed the appellant's application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC), on the ground that the claim was barred by limitation. The appellant, claiming to be an 'Operational Creditor', had raised 187 invoices for Digital Classroom Solution Services provided between 2011 and 2017, which remained unpaid, leading to the initiation of proceedings under Section 9 of the IBC before the NCLT.

## Facts

M/S Next Education India Private Limited, the appellant, claimed to be an operational creditor and filed an application under Section 9 of the Insolvency and Bankruptcy Code (IBC) before the National Company Law Tribunal (NCLT). The claim was based on 187 unpaid invoices for Digital Classroom Solution Services provided to M/S K12 Techno Services Private Limited, the respondent, between March 12, 2011, and June 30, 2017. The NCLT dismissed the application, considering the starting point of limitation as March 12, 2011, and holding that the claim was barred by limitation. The National Company Law Appellate Tribunal (NCLAT) upheld the NCLT's order. The appellant then appealed to the Supreme Court. The respondent argued that they are a going concern, commercially viable,

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## Issues and analysis

### Issue 1: Whether the NCLT erred in dismissing the application under Section 9 of the IBC on the ground of …

**Ratio:** The principle is that for the purpose of limitation under Section 9 of the IBC, the

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**Reasoning:** The Supreme Court reasoned that the NCLT should have considered the invoices for the

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**Interpretation:** Section 9 of the IBC should be interpreted to mean that the limitation period

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**Application:** In this case, the NCLT only considered the initial invoice date of March 12,

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## Parties

- **Judges:** M.R.…; C.T. RAVI…
- **Appellants:** M/S NEXT EDUCATION…
- **Respondents:** M/S K12 TECHNO…

## Timeline

- **2011-03-12 — First Invoi…**: The appellant provided Digital Classroom Solution Services to the respondent starting…
- **2017-06-30 — Last Invoic…**: The appellant provided Digital Classroom Solution Services to the respondent until this…

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