# In the matter of Adept Technology Private Limited CP-1210-IB-2018

> NCLT judgment dated 2019-03-26. Citation: TCN-2019-NCLT-04334. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 26 Mar 2019
- **Citation:** TCN-2019-NCLT-04334
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/adept-technology-private-limited-cp-1210-ib-2018-03d99e4a

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by an Operational Creditor, M/s. APM Group Limited, against the Corporate Debtor, M/s. Adept Technology Private Limited. The Operational Creditor sought to initiate the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor for an outstanding operational debt. The Corporate Debtor was proceeded ex-parte as they were not represented during the hearing. The Operational Creditor claimed an amount of Rs.36,02,454/- as outstanding, which fell due from 11.05.2017.

## Facts

M/s. APM Group Limited (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against M/s. Adept Technology Private Limited (Corporate Debtor). The Operational Creditor and Corporate Debtor entered into an agreement dated 2014-03-11, where the Operational Creditor would provide certification exams to candidates trained by the Corporate Debtor. The Corporate Debtor raised invoices from 2016-12-14 to 2017-05-11. The Operational Creditor claimed Rs. 36,02,454/- as outstanding, which fell due from 2017-05-11. The Operational Creditor issued a demand notice dated 2018-06-12, which was returned undelivered, but an email was sent on 2018-06-18. The Corporate Debtor did not respond. The Operational Creditor complied with

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor under Section 9 of the Insolvency and …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, outlines the requirements for an

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**Reasoning:** The court reasoned that the Operational Creditor had complied with the requirements of

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**Interpretation:** Section 9 of the I&B Code, 2016, is interpreted to mean that an Operational

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**Application:** In this case, the court applied the ratio to the facts and found that the

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## Parties

- **Judges:** Ch. Mohd Sharief…
- **Appellants:** M/s. APM Group…
- **Respondents:** M/s. Adept…
- **Advocates:** Susheel S…

## Timeline

- **2014-03-11 — Agreement…**: Agreement between APM Group Limited and Adept Technology Private Limited for…
- **2016-12-14 — Invoice Perio…**: Start date of the period during which…

## 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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