MOBILOX INNOVATIONS PVT. LTD. VS. KIRUSA SOFTWARE PVT. LTD.
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Abstract
Mobilox hired Kirusa for the purposes of conduting televoting for a show which was being broadcasted on star plus and with respect to the same a Non disclosure agreement was executed between the parties. Under the agreement Kirusa owed certain obligations towards Mobilox. Kirusa used to raise invoices against the services provided. In due course of time Mobilox informed Kirusa that payments are being withheld because of the breach of NDA by Kirusa. On 23 December 2016, Kirusa sent a Demand Notice to Mobilox under Section 8 (1) of the IBC. Mobilox responded to the Demand Notice stating, that there was existence of dispute between the parties, which was already brought to Kirusa’s notice long ago. Even after receiving the reply from Mobilox, Kirusa filed an application before the NCLT, Mumbai for initiation of CIRP against the Mobilox. Said application was dismissed however, an appeal against the NCLT order was filed by Kirusa before the National Company Law Appellate Tribunal (NCLAT) where the order came in favor of Kirusa and the case was remitted back to NCLT. Against the said order of NCLAT, Mobilox went in appeal before the apex court.
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