# In the matter of Bob Tech Solutions Private Limited C.P. (IB)No. 381-BB-2019

> NCLT judgment dated 2020-02-07. Citation: TCN-2020-NCLT-02040. The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy Code…

- **Court:** NCLT
- **Order date:** 7 Feb 2020
- **Citation:** TCN-2020-NCLT-02040
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/bob-tech-solutions-private-limited-cp-ibno-381-bb-2019-a93cc883

## Summary

### Background

The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016, by Arun Kumar. K, an operational creditor, against M/s. Bob Tech Solutions Private Limited, the corporate debtor. The operational creditor sought to initiate Corporate Insolvency Resolution Process (CIRP) due to unpaid salary amounting to Rs. 10,06,127/- for the period from January 2018 to August 2019. The corporate debtor admitted to having negative net worth and being unable to pay its debts.

## Facts

Arun Kumar. K, the operational creditor, was employed by M/s. Bob Tech Solutions Private Limited, the corporate debtor, as Manager-Human Resources, later promoted to Head-Human Resources. His salary was not paid from January 2018 to August 2019, amounting to Rs. 10,06,127/-. The operational creditor issued a demand notice, but received no response. The corporate debtor admitted to having a negative net worth of Rs.-13,44,20,034/- as of 2019-11-30. The corporate debtor also admitted to being unable to pay its liabilities. The corporate debtor's financial difficulties were attributed to losses incurred due to the inability to complete targeted projects in the IT sector. The corporate debtor had availed various loans and overdraft facilities, which it was unable to

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor committed a default in payment of operational debt to the Operational …

**Ratio:** Section 9 of the IBC, 2016 allows an operational creditor to initiate CIRP against a

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**Reasoning:** The Corporate Debtor failed to pay the salary of the Operational Creditor from January

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**Interpretation:** The term 'default' under the IBC is interpreted as non-payment of debt when it

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**Application:** The Corporate Debtor's failure to pay the Operational Creditor's salary,

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## Parties

- **Judges:** Rajeswara Rao…; Ashutosh C…
- **Appellants:** Arun Kum…
- **Respondents:** M/s Bob Tech…
- **Advocates:** Gowris…; SARVOTH…; +2 more

## Timeline

- **2014-01-17 — Appointment of…**: Arun Kumar. K was appointed…
- **2017-05-25 — Promotion of Operational…**: Arun Kumar. K was promoted…

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