# In the matter of Aforecybersec Technology Pvt Limited C.P. (IB) No. 143-BB-2020

> NCLT judgment dated 2020-09-09. Citation: TCN-2020-NCLT-00666. The case pertains to C.P.(IB)No.143/BB/2020 filed by M/s. Ctrl S Datacenters Limited…

- **Court:** NCLT
- **Order date:** 9 Sept 2020
- **Citation:** TCN-2020-NCLT-00666
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/aforecybersec-technology-pvt-limited-cp-ib-no-143-bb-2020-23d5d703

## Summary

### Background

The case pertains to C.P.(IB)No.143/BB/2020 filed by M/s. Ctrl S Datacenters Limited (Operational Creditor) under Section 9 of the IBC, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against M/s. Aforecybersec Technology Private Limited (Corporate Debtor). The Operational Creditor claimed a default of Rs. 17,84,527/- as of 20.02.2019, including principal and interest. The Corporate Debtor acknowledged the liability in an email dated 24.01.2019 and agreed to make payments, but failed to do so. The Operational Creditor issued a demand notice dated 20.08.2019, which did not elicit any response.

## Facts

M/s. Ctrl S Datacenters Limited (Operational Creditor) filed C.P.(IB)No.143/BB/2020 under Section 9 of the IBC, 2016, to initiate CIRP against M/s. Aforecybersec Technology Private Limited (Corporate Debtor). The Operational Creditor claimed a default of Rs. 17,84,527/- as of 20.02.2019. Ctrl S Datacenters Limited was incorporated on 18.10.2007 and is engaged in providing data storage and protection solutions. Aforecybersec Technology Private Limited was incorporated on 29.03.2017 and is engaged in the business of maintenance and repair of office, accounting, and computing machinery. The Operational Creditor supplied collocation and dedicated servers to the Corporate Debtor, with a total invoice amount of Rs.15,12,311/-. The Corporate Debtor acknowledged the liability

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority can initiate CIRP based on the application filed by the …

**Ratio:** The Adjudicating Authority cannot initiate CIRP if there is no conclusive proof that the

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**Reasoning:** The Adjudicating Authority noted that the Registry's attempts to serve notices to the

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**Interpretation:** The court interpreted the provisions of the IBC to mean that CIRP cannot be

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**Application:** In this case, since there was no conclusive proof that the Respondent received

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## Parties

- **Judges:** Rajeswara Rao…; Ashutosh C…
- **Appellants:** M/s. Ctrl S…
- **Respondents:** M/s. Aforecybersec…

## Timeline

- **2007-10-18 — Incorporation of…**: M/s. Ctrl S Datacenters…
- **2017-03-29 — Incorporation of…**: M/s. Aforecybersec Technology…

## 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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