w w w . L a w y e r S e r v i c e s . i n



Kirusa Software P. Ltd v/s Mobilox Innovations P. Ltd


Company & Directors' Information:- R S SOFTWARE (INDIA) LTD. [Active] CIN = L72200WB1987PLC043375

Company & Directors' Information:- C K SOFTWARE PRIVATE LIMITED [Active] CIN = U72501DL2000PTC106184

Company & Directors' Information:- Q INNOVATIONS PRIVATE LIMITED [Active] CIN = U73100DL2009PTC195676

Company & Directors' Information:- K K SOFTWARE PRIVATE LIMITED [Active] CIN = U72900DL2009PTC193030

Company & Directors' Information:- B & A INNOVATIONS LIMITED [Strike Off] CIN = U29248MP1996PLC010852

Company & Directors' Information:- A K C SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2004PTC128462

Company & Directors' Information:- KIRUSA SOFTWARE PRIVATE LIMITED [Active] CIN = U72300KA2004FTC034226

Company & Directors' Information:- P AND P SOFTWARE PRIVATE LIMITED [Active] CIN = U74899DL1994PTC057212

Company & Directors' Information:- MOBILOX INNOVATIONS PRIVATE LIMITED [Active] CIN = U74900MH2011PTC216799

Company & Directors' Information:- SOFTWARE INDIA PRIVATE LIMITED [Active] CIN = U72200GJ1995PTC025791

Company & Directors' Information:- N. D. SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200TG1998PTC029778

Company & Directors' Information:- T AND H SOFTWARE PRIVATE LIMITED [Active] CIN = U72200UP2000PTC025638

Company & Directors' Information:- M S SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2005PTC133997

Company & Directors' Information:- S S INNOVATIONS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U31909DL1998PTC096372

Company & Directors' Information:- G A S SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2004PTC127546

Company & Directors' Information:- B B SOFTWARE LTD [Strike Off] CIN = L30009WB1995PLC072361

Company & Directors' Information:- H K SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200WB2001PTC093967

Company & Directors' Information:- J SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200TZ2000PTC009229

Company & Directors' Information:- K S M SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2004PTC128463

Company & Directors' Information:- R B SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2005PTC140322

Company & Directors' Information:- A K INNOVATIONS PRIVATE LIMITED [Active] CIN = U74994WB2002PTC094631

Company & Directors' Information:- SOFTWARE INDIA PRIVATE LIMITED [Active] CIN = U72200RJ1995PTC010577

Company & Directors' Information:- R J SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2005PTC133815

Company & Directors' Information:- H J SOFTWARE PRIVATE LIMITED [Active] CIN = U72200TG2007PTC056351

Company & Directors' Information:- I & I SOFTWARE INDIA PRIVATE LIMITED [Strike Off] CIN = U72200TN2005PTC056262

Company & Directors' Information:- D F SOFTWARE INDIA PRIVATE LIMITED [Strike Off] CIN = U72200TZ2003PTC010629

Company & Directors' Information:- E. C. SOFTWARE INDIA PRIVATE LIMITED [Active] CIN = U72900TN2007PTC063486

Company & Directors' Information:- Q 3 INDIA SOFTWARE PRIVATE LIMITED [Active] CIN = U72900TN2007PTC065786

Company & Directors' Information:- B M INNOVATIONS (INDIA) PRIVATE LIMITED [Active] CIN = U74140DL2013PTC248383

Company & Directors' Information:- K Y SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC136072

Company & Directors' Information:- T M I SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200KA2005PTC036299

Company & Directors' Information:- B C L SOFTWARE (INDIA) PRIVATE LIMITED [Strike Off] CIN = U30007MH1999PTC117922

Company & Directors' Information:- C C M SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200TG2000PTC034002

Company & Directors' Information:- M I S SOFTWARE PRIVATE LIMITED [Active] CIN = U72200TN2008PTC068694

Company & Directors' Information:- A. T. SOFTWARE PRIVATE LIMITED [Active] CIN = U72200TG1996PTC023841

Company & Directors' Information:- J A K SOFTWARE PVT LTD [Active] CIN = U72200DL2001PTC111929

Company & Directors' Information:- R R SOFTWARE PVT LTD [Under Process of Striking Off] CIN = U72200KL1991PTC006051

Company & Directors' Information:- A M H SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC132410

Company & Directors' Information:- P D A SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72900DL2003PTC123465

Company & Directors' Information:- K C SOFTWARE PRIVATE LIMITED [Active] CIN = U74899DL1989PTC036923

Company & Directors' Information:- I SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72300MH2012PTC225903

Company & Directors' Information:- V M SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72900PN2010PTC136847

Company & Directors' Information:- R S K INNOVATIONS PRIVATE LIMITED [Strike Off] CIN = U19121TG2014PTC095214

Company & Directors' Information:- H M SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200HP2011PTC031756

Company & Directors' Information:- S N R SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72900DL2012PTC243073

Company & Directors' Information:- K A V SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2005PTC144121

Company & Directors' Information:- C M S SOFTWARE PRIVATE LIMITED [Active] CIN = U74899DL2005PTC142352

Company & Directors' Information:- S M I T SOFTWARE COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL2006PTC144816

Company & Directors' Information:- S D A S INNOVATIONS PRIVATE LIMITED [Active] CIN = U67100AP2011PTC072739

Company & Directors' Information:- P. S. INNOVATIONS PRIVATE LIMITED [Active] CIN = U74999HR2013PTC048587

Company & Directors' Information:- A D SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200KA2002PTC030722

Company & Directors' Information:- M & M INNOVATIONS PRIVATE LIMITED [Active] CIN = U29100GJ2011PTC065940

Company & Directors' Information:- R S T INNOVATIONS PRIVATE LIMITED [Active] CIN = U51900KL2009PTC023896

Company & Directors' Information:- H. A. N. R. E. J SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200TG2008PTC062044

    C.P. No. 02/I & BP/NCLT/MAH/2007

    Decided On, 27 January 2017

    At, National Company Law Tribunal Mumbai

    By, THE HONOURABLE MR. B.S.V. PRAKASH KUMAR
    By, JUDICIAL MEMBER & THE HONOURABLE MR. V. NALLASENAPATHY
    By, TECHNICAL MEMBER

    For the Applicant: Ankit Lohia and Yuvraj K. Singh, Advocates. For the Respondent: Jawarharlal, Hardik Sanghavi, Advocates.



Judgment Text

1. The petitioner-company namely Kirusa Software P. Ltd., has filed this operational creditor petition stating that the debtor company is liable to pay Rs. 20,08,202 along with interest at the rate of 18 per cent, per annum as the corporate debtor failed to repay the same, the petitioner, hence, filed this petition.

2. The petitioner says that the corporate debtor had issued purchase orders (POs) to the petitioner/operational creditor to run "Nach Baliye" Dance Reality show tele-voting campaign for Star. TV (campaign), which were accepted by the petitioner. It has filed POs with this petition. In pursuance of the POs issued by the debtor company, the petitioner rendered services by devising a specific software application for this purpose of tele-voting through the toll-numbers from telecom operators. Accordingly, the petitioner raised monthly invoices on the corporate debtor for the total number of minutes of usage generated by the campaign including other rental, as on date, the invoices raised by the petitioner on the corporate debtor for the services provided per the POs remain outstanding and payable by the corporate debtor to the petitioner as detailed n paragraph 2 of Part IV of the petition. Hence the debtor company is liable to make payment to the petitioner, toll-free numbers rentals and the primary rate interface rental as raised by the telecom operators.

3. As the tele-voting was conducted successfully, the petitioner, as mentioned above, raised invoices against the sentences rendered, therefore the corporate debt is payable by the corporate debtor as per the invoices raised by the petitioner on the corporate debtor during the period between May 13, to December 23, 2016.

4. When this Bench has directed the petitioner to furnish the requisite documents as described under section 9 of the Insolvency and Bankruptcy Code, 2016, the petitioner filed the notice of dispute raised by the corporate debtor disclosing the corporate debtor disputing the claim made by the petitioner.

5. Though the petitioner filed all the invoices raised on the debtor company aggregating debt to Rs. 20,08,202 details of transaction on account of which debt fell due, default thereof and demand notice served upon the debtor, for this Bench having noticed that notice of dispute raised by the respondent side has not been annexed to the company petition, this Bench hereby directed to furnish the documents as prescribed under section 9 of the Insolvency and Bankruptcy Code, 2016. In compliance of it, the petitioner filed the notice of dispute issued by the corporate debtor disclosing the corporate debtor disputing the claim made by the petitioner. On perusal of this sub-section (5) of section 9 of this Code, it is evident that notice of dispute has been received by the operational creditor.

6. On perusal of this notice dated December 27, 2016 disputing the debt allegedly owed to the petitioner, this Bench, looking at the corporate debtor disputing the claim raised by the petitioner in this company petition, hereb

Please Login To View The Full Judgment!

y holds that the default payment being disputed by the corporate debtor, for the petitioner has admitted that the notice of dispute dated December 27, 2016 has been received by the operational creditor, the claim made by the petitioner is hit by section 9(5)(ii)(d) of the Insolvency and Bankruptcy Code, hence this petition is hereby rejected.
O R