# In the matter of BLS E-Services Pvt. Ltd. IB-600-ND-2017

> NCLT judgment dated 2018-04-26. Citation: TCN-2018-NCLT-01493. The case involves an application filed by Topsgrup Services Ltd., an operational creditor,…

- **Court:** NCLT
- **Order date:** 26 Apr 2018
- **Citation:** TCN-2018-NCLT-01493
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/bls-e-services-pvt-ltd-ib-600-nd-2017-ca1c1af6

## Summary

### Background

The case involves an application filed by Topsgrup Services Ltd., an operational creditor, against BLS E-Services Pvt. Ltd., the corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC). The operational creditor sought to initiate the Corporate Insolvency Resolution Process (CIRP) against the corporate debtor for unpaid operational debt. The corporate debtor was awarded a contract dated 18.04.2016 to operate, maintain, and manage Sewa Kendras in Punjab. The operational creditor provided guarding services to the Sewa Kendras based on a purchase order dated 14.06.2016. Disputes arose regarding the amount of debt outstanding, with the corporate debtor claiming deductions for penalties due to non-availability or improper uniform of security

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## Facts

Topsgrup Services Ltd. (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) against BLS E-Services Pvt. Ltd. (Corporate Debtor) for initiating Corporate Insolvency Resolution Process (CIRP). The Operational Creditor provided guarding services to Sewa Kendras in Punjab, based on a purchase order dated 14.06.2016. The Corporate Debtor was awarded a contract dated 18.04.2016 to operate and manage these Sewa Kendras. The Operational Creditor issued invoices for services rendered, but some invoices remained unpaid, totaling Rs. 67,16,002/- for the period of May 2017 to September 2017. The Corporate Debtor claimed deductions from these invoices as penalties for non-availability or improper uniform of security guards,

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## Issues and analysis

### Issue 1: Whether the application filed by the operational creditor, Topsgrup Services Ltd., under Section 9 …

**Ratio:** Section 9(5) of the IBC specifies the requirements for admitting an application by an

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**Reasoning:** The NCLT found that the operational creditor had provided services to the corporate

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**Interpretation:** Section 9 of the IBC provides a mechanism for operational creditors to initiate

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**Application:** The NCLT applied Section 9 of the IBC to the facts of the case, finding that

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## Parties

- **Judges:** Ina Mal…; DeepaKr…
- **Appellants:** M/s Topsgrup…
- **Respondents:** BLS E-Services…

## Timeline

- **2016-04-18 — Contract A…**: The Corporate Debtor was awarded a contract to operate, maintain, and manage Sewa Kendras…
- **2016-06-14 — Purchase Orde…**: A common purchase order bearing order no. 21 dated 14.06.2016 for an amount of Rs.…

## 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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