# In the matter of Hacxad Infotech Private Limited Company Petition no. (IB)-195(ND)-2019

> NCLT judgment dated 2019-04-10. Citation: TCN-2019-NCLT-03969. The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 10 Apr 2019
- **Citation:** TCN-2019-NCLT-03969
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/hacxad-infotech-private-limited-company-petition-no-ib-195nd-2019-69edf0ed

## Summary

### Background

The case involves an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Skootr Global Private Limited (Operational Creditor) against Hacxad Infotech Private Limited (Corporate Debtor). Skootr Global Private Limited provides managed offices and co-working spaces. They entered into a facility management agreement dated 23.05.2018 with Hacxad Infotech Private Limited, where Skootr Global Private Limited would provide infrastructure for work equipped with shared facilities for a service fee of Rs 2,64,000/- excluding GST per month. The Corporate Debtor made payments until August 2018 but defaulted from September 2018. On September 19, 2018, the Corporate Debtor informed the Operational Creditor of their intention to leave the premises without

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## Facts

Skootr Global Private Limited (Operational Creditor) and Hacxad Infotech Private Limited (Corporate Debtor) entered into a facility management agreement on 2018-05-23. Skootr Global Private Limited provided managed office spaces to Hacxad Infotech Private Limited for a monthly fee of Rs 2,64,000/- excluding GST. Hacxad Infotech Private Limited made payments until August 2018, after which they defaulted. On 2018-09-19, Hacxad Infotech Private Limited informed Skootr Global Private Limited of their intention to vacate the premises without settling outstanding dues. Skootr Global Private Limited issued a demand notice on 2018-10-03 under Section 8 of the Insolvency and Bankruptcy Code, 2016, claiming Rs. 25,96,000/-. The demand notice was served via email and speed post,

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the Insolvency and Bankruptcy Code, 2016, is complete …

**Ratio:** Section 9(5)(i)(a) to (d) of the Insolvency and Bankruptcy Code, 2016, outlines the

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**Reasoning:** The court found that the application was complete and that the respondent had defaulted

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

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**Application:** The court applied Section 9(5)(i)(a) to (d) to the facts and determined that

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## Parties

- **Judges:** RVARDHA…; DeepaKr…
- **Appellants:** SKOOTR GLOBAL…
- **Respondents:** HACXAD INFOTECH…
- **Advocates:** Varun S…

## Timeline

- **2018-05-23 — Facility Management…**: Skootr Global Private Limited and Hacxad Infotech Private Limited entered into a facility…
- **2018-08-01 — Payment D…**: Hacxad Infotech Private Limited made payments until August 2018, after which they…

## 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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