Tollman International Private Limited Vs Capstech Network Private Limited (NCLT Delhi)
The National Company Law Tribunal, Delhi Bench, considered an interlocutory application filed under Rule 11 of the National Company Law Tribunal Rules, 2016 read with Sections 227 and 229 of the Bharatiya Nyaya Sanhita, 2023 and Sections 215 and 379 of the Bharatiya Nagrik Suraksha Sanhita, 2023, seeking a preliminary inquiry into alleged perjury by the respondent and a complaint to the competent Magistrate.
The applicant submitted that the parties had entered into a contract for the supply of computers, laptops and related parts, against which timely payments were made. The respondent issued a demand notice dated 18.08.2023 claiming ₹1,04,74,992, following which meetings were held regarding the outstanding dues. The applicant stated that it made part-payments of ₹10,00,000 each, which were received by the respondent. Despite these payments, the respondent filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 seeking initiation of the Corporate Insolvency Resolution Process for an alleged default of ₹1,04,74,992.89 inclusive of interest. According to the applicant, the respondent failed to disclose or adjust the aggregate part-payments of ₹20,00,000 in the insolvency petition, subsequent pleadings, additional submissions and oral arguments, thereby making false statements before the Tribunal. The applicant contended that the Tribunal had jurisdiction to initiate perjury proceedings under the Bharatiya Nyaya Sanhita, the Bharatiya Nagrik Suraksha Sanhita and Section 424 of the Companies Act, 2013.
