# In the matter of Ablaze Info Solutions Private Limited (IB) 1028(ND)-2018

> NCLT judgment dated 2018-11-30. Citation: TCN-2018-NCLT-00241. The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 30 Nov 2018
- **Citation:** TCN-2018-NCLT-00241
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ablaze-info-solutions-private-limited-ib-1028nd-2018-bbd4a70d

## Summary

### Background

The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) by Esspee Hitech Private Limited against Ablaze Info Solutions Private Limited, seeking initiation of the Corporate Insolvency Resolution Process (CIRP). The applicant, Esspee Hitech Private Limited, claims to be an operational creditor of the respondent, Ablaze Info Solutions Private Limited, due to unpaid rent, security, electricity expenses, and service tax/GST under a lease agreement. The respondent failed to appear and resist the petition.

## Facts

Esspee Hitech Private Limited (the applicant) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of the Corporate Insolvency Resolution Process (CIRP) against Ablaze Info Solutions Private Limited (the respondent). The applicant claimed to be an operational creditor of the respondent due to unpaid rent, security, electricity expenses, and service tax/GST. The applicant and respondent executed a lease agreement on 07.12.2016 for a property. The rent for December 2016 and January 2017 was duly paid, but security, electricity expenses, and service tax remained unpaid. Starting February 2017, the respondent failed to pay rent, security, electricity expenses, and service tax/GST. The applicant issued a demand notice under

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## Issues and analysis

### Issue 1: Whether the applicant, Esspee Hitech Private Limited, qualifies as an 'Operational Creditor' under …

**Ratio:** The definition of 'Operational Creditor' under Section 5(20) of the IBC includes a person

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**Reasoning:** The court reasoned that the applicant provided services to the respondent by executing a

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**Interpretation:** The term 'Operational Creditor' is interpreted broadly to include entities

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**Application:** Since Esspee Hitech Private Limited provided a lease agreement, it is

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## Parties

- **Judges:** Ina Mal…; DeepaKr…
- **Appellants:** ESSPEE HITECH…
- **Respondents:** ABLAZE INFO…

## Timeline

- **2016-12-07 — Lease Agreement…**: The applicant and respondent executed a…
- **2017-02-01 — Default in P…**: The respondent started defaulting on payments of rent, security, electricity expenses,…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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