# 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-03979. 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-03979
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/hacxad-infotech-private-limited-company-petition-no-ib-195nd-2019-c48d68ce

## 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 with Hacxad Infotech Private Limited on May 23, 2018, where Skootr would provide infrastructure for work equipped with shared facilities for a service fee. Hacxad Infotech made payments until August 2018 but defaulted thereafter. Skootr issued a demand notice on October 3, 2018, for Rs. 25,96,000/-.

## Facts

Skootr Global Private Limited (Operational Creditor) is in the business of providing managed offices and co-working spaces. Hacxad Infotech Private Limited (Corporate Debtor) is a company incorporated on June 19, 2012. On May 23, 2018, Skootr and Hacxad entered into a facility management agreement where Skootr would provide infrastructure for a service fee of Rs 2,64,000/- per month excluding GST. Hacxad made payments until August 2018 but defaulted from September 2018. On September 19, 2018, Hacxad informed Skootr they would be leaving the rented premises without clearing outstanding dues. Skootr sent a final reminder on September 24, 2018. Skootr issued a demand notice on October 3, 2018, under Section 8 of the Code for Rs. 25,96,000/-. The demand notice was served

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor is complete and meets the requirements of …

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

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**Reasoning:** The court examined the application and found it to be complete. It noted that there was a

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**Interpretation:** Section 9(5) sets out the conditions that must be met for an application to be

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

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## Parties

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

## Timeline

- **2012-06-19 — Incorporation of…**: Hacxad Infotech Private…
- **2018-05-23 — Facility Management…**: Skootr Global Private Limited and Hacxad Infotech Private Limited entered into a facility…

## 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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