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Documents citing Next Education India Pvt Ltd vs K12 Techno Services Pvt Ltd on 17 March, 2021

Idbi Trusteeship Services Ltd vs Direct Media Distribution Ventures ... on 12 September, 2023

17. Learned Counsel for the Appellant has next relied on Judgment of Hon'ble Supreme Court in "M/s. Next Education India Pvt. Ltd. Vs. K12 Techno Services Private Limited" C.A. No. 1175 of 2021. Hon'ble Supreme Court in the aforesaid case, Section 9 Application was dismissed on the ground that Application was barred by time. Hon'ble Supreme Court in the Appeal noticed that large number of invoices were issued between 12.03.2011 to 30.06.2017, NCLAT considering the starting point of limitation as 12.03.2011 dismissed Section 9 Application as barred by time. Hon'ble Supreme Court held that NCLAT ought to have considered the invoices at least for period preceding three years from the date of application under Section 9 rather than considering the starting point. Hon'ble Supreme Court set aside the Order and remanded the matter for consideration before NCLT. The Judgment of the Hon'ble Supreme Court was on the facts of the case where application was filed based on large number of invoices and Company Appeal (AT) Ins. No. 850 of 2023 21 Hon'ble Supreme Court was of the view that Adjudicating Authority ought to have considered the invoices at least preceding three years from the date of filing of Section 9 Application. The Above judgment does not in any manner help the Appellant in the present case.
National Company Law Appellate Tribunal Cites 11 - Cited by 0 - A Bhushan - Full Document

Lords Inn Hotels And Developers ... vs Aaryaraj Club And Resorts Llp on 7 January, 2026

Reliance was placed on the judgment of this Tribunal in Next Education India Pvt. Ltd. Vs K12 Techno Services Pvt. Ltd. in CA(AT)(Ins.) No. 98 of 2019 to contend that disputes raised after demand notice are not pre-existing disputes. The execution of the MoU on 26.08.2021 by itself was an admission of debt and acknowledgment of liability by the Respondent. Cumulatively seen the outstanding debt exceeded the statutory threshold of Rs 1 Cr. under Section 4 of the IBC and therefore there was no doubt that the Section 9 application was maintainable from the threshold point of view. The responsibility of the Corporate Debtor to pay management fees was sacrosanct in terms of the FMA with no requirement for issue of invoices. The assertion made by the Respondent of non-payment of GST/Service Tax and issue of proforma invoices cannot become a ground to negate the underlying debt. The Adjudicating Authority also travelled beyond its limited jurisdiction under Section 9 of the IBC by investigating into the factum of contractual disputes which is clearly impermissible.
National Company Law Appellate Tribunal Cites 6 - Cited by 0 - Full Document
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