# 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-00669. The case involves a petition filed by M/s. Ctrl S Datacenters Limited (Operational Creditor)…

- **Court:** NCLT
- **Order date:** 9 Sept 2020
- **Citation:** TCN-2020-NCLT-00669
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/aforecybersec-technology-pvt-limited-cp-ib-no-143-bb-2020-8dcc44b3

## Summary

### Background

The case involves a petition filed by M/s. Ctrl S Datacenters Limited (Operational Creditor) under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against M/s. Aforecybersec Technology Private Limited (Corporate Debtor). The Operational Creditor claimed that the Corporate Debtor defaulted on a total amount of Rs. 17,84,527, including principal and interest, as of February 20, 2019. The Corporate Debtor had acknowledged the liability and agreed to make payments, but failed to do so. The Adjudicating Authority considered the matter for admission.

## Facts

M/s. Ctrl S Datacenters Limited (Operational Creditor) filed a petition 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 February 20, 2019. Ctrl S Datacenters Limited was incorporated on October 18, 2007, and is engaged in providing data storage and protection solutions. Aforecybersec Technology Private Limited was incorporated on March 29, 2017, and is involved in the maintenance and repair of office, accounting, and computing machinery. The Operational Creditor supplied collocation and dedicated servers to the Corporate Debtor, raising invoices totaling Rs. 15,12,311. The Corporate Debtor received these services without

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## Issues and analysis

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

**Ratio:** The Adjudicating Authority cannot initiate CIRP without conclusive proof that the

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**Reasoning:** The Adjudicating Authority reasoned that the principles of natural justice demand that

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**Interpretation:** This highlights the importance of ensuring that the Corporate Debtor is

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**Application:** Since the Respondent was not properly served with the notice, the Adjudicating

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## Parties

- **Judges:** Rajeswara Rao…; Ashutosh C…
- **Appellants:** Ctrl S Datacenters…
- **Respondents:** 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 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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