# In the matter of Bookawheel Technologies Private Limited CP(IB) No. 03-Chd-Hry-2018

> NCLT judgment dated 2018-03-05. Citation: TCN-2018-NCLT-01751. Resfeber Labs Private Limited filed a petition under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 5 Mar 2018
- **Citation:** TCN-2018-NCLT-01751
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/bookawheel-technologies-private-limited-cpib-no-03-chd-hry-2018-318a406b

## Summary

### Background

Resfeber Labs Private Limited filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the insolvency resolution process against Bookawheel Technologies Private Limited, the corporate debtor. Resfeber Labs provides mini truck services and logistics support. They entered into an agreement with Bookawheel Technologies on 20.09.2016 for logistic services, including providing vehicles with drivers on a monthly contract basis for goods delivery. The agreement stipulated monthly payments within 15 days of bill submission. Bookawheel Technologies allegedly defaulted on payments for services rendered from October 2016 to February 2017, despite invoices being raised. The outstanding amount was ₹4,35,912/- relating to transactions from 08.11.2016

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## Facts

Resfeber Labs Private Limited, an operational creditor, provides mini truck services and logistics support. Bookawheel Technologies Private Limited, the corporate debtor, availed these services under an agreement dated 20.09.2016. The agreement stipulated that payments were to be made monthly within 15 days of the submission of bills. Resfeber Labs claimed that Bookawheel Technologies defaulted on payments for services rendered between October 2016 and February 2017, with an outstanding amount of ₹4,35,912/- out of a total invoice amount of ₹5,85,912/-. Bookawheel Technologies had paid ₹1,50,000/- on 12.01.2017. Resfeber Labs sent a demand notice on 19.06.2017 after attempts at amicable settlement failed. Bookawheel Technologies sent an email on 12.05.2017 promising

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## Issues and analysis

### Issue 1: Whether the application filed by the operational creditor is complete as per the requirements of …

**Ratio:** Section 9(5) of the Insolvency and Bankruptcy Code, 2016, outlines the conditions for

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**Reasoning:** The court found that the application was complete in all respects, as the petitioner had

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**Interpretation:** Section 9(5) requires the Adjudicating Authority to ascertain the completeness

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**Application:** The court applied this ratio by examining the application and confirming that

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## Parties

- **Judges:** R.P.Nag…; Pradeep R.…
- **Appellants:** Resfeber Labs…
- **Respondents:** Bookawheel…

## Timeline

- **2016-09-20 — Agreement between…**: Resfeber Labs and Bookawheel Technologies…
- **2016-10-01 — Default in P…**: Bookawheel Technologies allegedly defaulted on payments for services rendered from…

## 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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