Mere Denial That Invoices Were Not Received Cannot Override Signed Acknowledgements From Operational Creditor: NCLT Chandigarh

The National Company Tribunal Chandigarh, bench of Justice Harnam Singh Thakur and Shri Kaushalendra Kumar Singh, have held that a mere bald denial that invoices forming the basis of the claim were not received cannot prevail over specific, dated communications and signed acknowledgements originating from within the operational creditors' finance department. The operational creditor Pierian Services Private Limited filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (the 'Code') for initiating Corporate Insolvency Resolution Process against GEMS Education Solutions India Private Limited the Corporate Debtor. The operational creditor entered into a Master Services Agreement with the Corporate Debtor for providing services relating to accounting, finance, and tax compliance, with payments due within 15 days of receipt of invoices. The operational creditor provided relevant services and raised invoices. However, as alleged by the operational creditor, the corporate debtor did not make the relevant payment. The operational creditor then sent a demand notice; however, the corporation denied receipt of invoices despite email communications and signed copies acknowledging them with instructions to “book the invoice.” It contended that the demand notice was not issued as per Rule 5 of the IBBI nor was it served as per the mandatory procedure. The Tribunal observed that the invoices placed on record by the operational creditor were supported by a bank certificate, for a claim of ₹31,79,368/-. Further, the invoices pertain to services in finance, accounting, and tax compliance, falling squarely within the definition of "operational debt" under Section 5(21) of the Code. Rejecting the Corporate Debtor's contention that it never received the documents, the tribunal remarked that the documents produced by the operational creditor were authentic. Mere bald denial cannot prevail over specific, dated communications and signed acknowledgements originating from within the Respondent's finance department. Thus, the Tribunal admitted the petition. Case Title: Altitude Finvest Limited v/s CAUSIS E-MOBILITY PRIVATE LIMITED Case Number: COMPANY PETITION (IB) 811 (ND) 2024 Judgment Date: 14/08/2025 For Petitioner : Ld. Adv. Mr. Animesh Sharma, Mr. Ayush Koul, For Respondent : Ld. Adv Mr. Puneet Sharma Click Here To Read/Download Order

Mere Denial That Invoices Were Not Received Cannot Override Signed Acknowledgements From Operational Creditor: NCLT Chandigarh

Mehak Aggarwal

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