TaxTMI 
TaxTMI 
2022 (2) TMI 963
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....nkruptcy (Application to Adjudicating Authority) Rules, 2016. The Operational Creditors, Iprogrammer solution private limited seeking an Order to initiate Corporate Insolvency Resolution Process (hereinafter referred as 'CIRP') of the Corporate Debtor viz., M/s. VLCC Health Care Limited, declare moratorium and appoint Interim Resolution Professional (hereinafter referred as 'IRP'). 2. The Operational Creditor/Petitioner has averred as follows:- a. It is the case of the Operational Creditor that corporate debtor has placed orders for mobile app development, web development, support services and resources/skilled employees for the designated work on operational creditor between 28.04.2017 and 26.09.2018. It is stat....
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....d there were deficiencies in services and in order to prove the same, the corporate debtor referred to email dated 28.11.2017, 05.12.2017, 20.12.2017, 21.12.2017, 27.01.2018, 06.03.2018 and 26.07.2018. It is averred that vide email dated 30.11.2018, the corporate debtor terminated the services of operational creditor. It is further averred that since there were major quality issues with regard to the software developed by the Operation Creditor for the implementation of the Slimmer's App and eCommerce Site, the Corporate Debtor had to consequently hire the services of another Vendor (new Vendor) for redesigning and reworking on the entire application leading to substantial monetary loss. Therefore, the amount paid by Corporate Debtor to....
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....xt Education India Pvt. Ltd. Vs. K12 Techno Services Pvt. Ltd., [2021 SCC Online NCLAT 105 ] the relevant abstract of the judgment is as follows: "It is seen from this correspondence that it pertains to the period between 2012 to 2015 and establish that they relate to regular day-today issues viz. 'projector having been switched off, 'shifting of the computers systems, 'the costs charged for the shifting, issue regarding VG set' etc. It is noted that the last 'Complaint' about the equipment or services rendered is dated 19.08.2015. It is pertinent to mention that nowhere in this correspondence any issue with respect to training or payment of Rs. 25 Lakhs or any other breach of the clauses of the Master Licen....
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.... Kay Bouvet Engineering vs Overseas Infrastructure Alliance (India) Private Limited 2021 SCC Online SC 570 Atul Roy v. Technofac Contracts 2018 SCC online NCLAT 218 and R.S. Cottmark (India) Pvt. Ltd. and Ors. v. Rajvir Industries Ltd. (MANU/NL/0348/2019). In these cases it was held that if a Corporate Debtor has raised a dispute which offers a plausible contention, and warrants further investigation, etc., then the same is sufficient for considering the "existence of a dispute" and an application filed for CIRP of the Corporate Debtor ought to be rejected. The Corporate debtor also raised arguments regarding no default by the corporate debtor and it is operational creditor, which relied on invalid invoices and the operational creditor has ....
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....d settled various invoices raised by the Operational Creditor. 7. It is seen that e-mail dated 22.2.2019 has been sent by Corporate Debtor much before the issuance of section 8 notice by the Operational Creditor on 6.5.2019. The operative part of the said email from Corporate Debtor to Operational Creditor dated 22.2.2019 is extracted below: "Please note that payments are always linked to quality of service delivered. Since the start of implementation of Slimmers App and eCommerce site, we have been facing issues with regard to stability of the software. Quality of programming was found to be sub-optimal in many cases. Best Coding practices were not followed esp in the way date was fetched from CLM. Also, integration with CLM wa....
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....pprox. Ilk orders. 5. Integration with Wellness My account page is still not rectified. Your payments in past were also put on hold due to quality issues and work not done which was communicated to your team from time to time." In addition, the Corporate Debtor has also made reference to still earlier mails exchanged between the parties from 28.11.2017 to 22.2.2019 as available at page 121 to 131 of its reply to buttress its submission with regard to existence of dispute prior to issuance of Demand Notice under section 8 of the Code. 8. We have also perused the said mails available on page 121 to 130 of Corporate Debtor's reply. From the analysis brought out above, we are convinced that Corporate Debtor has been ....