Netambit Value First Services Private Limited Vs Flipkart Internet Private Limited (NCLT Bengaluru)
The petition was filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) seeking initiation of the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor for an alleged operational debt of Rs. 4,37,12,468.88, inclusive of interest. The Operational Creditor claimed that it had rendered lead generation, affiliate onboarding, sales support, and staffing services under a pilot marketplace affiliate programme, while the Corporate Debtor failed to pay outstanding invoices despite repeated reminders and issuance of a demand notice under Section 8 of the IBC.
According to the Operational Creditor, the commercial arrangement provided for onboarding fees, sales engagement fees, affiliate incentives, and reimbursement of specified expenses. Pursuant to the arrangement, numerous purchase orders were issued between December 2024 and June 2025, and the Operational Creditor performed its obligations by deploying manpower, onboarding affiliates, and executing the project. It asserted that payments under certain invoices were initially made, but payments under ten invoices amounting to Rs. 4,17,23,883 remained outstanding despite services having been rendered. It further contended that the Corporate Debtor discontinued the pilot project for business reasons unrelated to any deficiency in services and that no dispute regarding the invoices or quality of services had been raised before the demand notice. The Operational Creditor also relied on follow-up emails, GST portal entries, and the absence of contemporaneous objections to contend that the debt was admitted and payable.
