# In the matter of Cox & Kings Ltd. I.A. No. 1239-2020 & I.A. No. 484 & 1628-2021 in CP-(IB) 2640-2019

> NCLT judgment dated 2021-10-29. Citation: TCN-2021-NCLT-00660. The case involves a dispute between Ratan India Finance Pvt. Ltd. (Financial Creditor) and M/s…

- **Court:** NCLT
- **Order date:** 29 Oct 2021
- **Citation:** TCN-2021-NCLT-00660
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/cox-kings-ltd-ia-no-1239-2020-ia-no-484-1628-2021-in-cp-ib-2640-2019-826eeb0d

## Summary

### Background

The case involves a dispute between Ratan India Finance Pvt. Ltd. (Financial Creditor) and M/s Cox & Kings Ltd. (Corporate Debtor). The Resolution Professional (RP) filed I.A. 1239/2020 and I.A. 484/2021 under Section 60(5) of the Insolvency and Bankruptcy Code against Writer Information Management Services Private Limited (Respondent). The Respondent was providing Record Management Services and Record Retrieval Services to the Corporate Debtor. The RP sought directions for the Respondent to continue providing services as per an agreement dated 15.01.2007 and to declare the non-provision of services as a violation of Section 14(2)(a) of the IBC. The Respondent also filed I.A. 1628/2021 against the RP.

## Facts

Ratan India Finance Pvt. Ltd. is the Financial Creditor. M/s Cox & Kings Ltd. is the Corporate Debtor, an International Leisure Travel Company with operations in 23 countries. Writer Information Management Services Private Limited is the Respondent, providing Record Management Services and Record Retrieval Services to the Corporate Debtor. The Corporate Debtor and the Respondent had an agreement dated 15.01.2007 for these services. The CIRP of the Corporate Debtor commenced on 22.10.2019. The Respondent submitted a claim of Rs. 24.60 lakhs against the Corporate Debtor. The RP alleged that the Respondent had blocked access to the business records of the Company since February 2020 and demanded 100% advance payment, contrary to the agreed payment terms. The RP filed

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## Issues and analysis

### Issue 1: Whether the Respondent's refusal to provide Record Management Services and Record Retrieval …

**Ratio:** Section 14(2)(a) of the IBC states that the supply of goods or services critical to

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**Reasoning:** The NCLT reasoned that the Record Management Services and Record Retrieval Services

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**Interpretation:** Section 14(2)(a) aims to ensure the continued operation of the corporate debtor

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**Application:** The NCLT applied Section 14(2)(a) to the facts of the case, finding that the

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## Parties

- **Judges:** H.V. Subb…; Chandra Bha…
- **Appellants:** Ratan India…
- **Respondents:** M/s Cox & Kings…
- **Advocates:** Rohit K.…; Nirman S…

## Timeline

- **2007-01-15 — Agreement…**: Agreement between Corporate Debtor and Respondent for Record Management and Retrieval…
- **2019-10-22 — CIRP Commen…**: Corporate Insolvency Resolution Process…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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