# In the matter of Hospitech Management Consultants Pvt. Ltd.  Company Petition (IB) No. 1639-ND-2019

> NCLT judgment dated 2020-01-27. Citation: TCN-2020-NCLT-02165. The petition was filed by an operational creditor, Mr. Nawal Kishore Prasad, under Section 9 of…

- **Court:** NCLT
- **Order date:** 27 Jan 2020
- **Citation:** TCN-2020-NCLT-02165
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/hospitech-management-consultants-pvt-ltd-company-petition-ib-no-1639-nd-2019-62a3a1f2

## Summary

### Background

The petition was filed by an operational creditor, Mr. Nawal Kishore Prasad, under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate the Corporate Insolvency Resolution Process against M/S Hospitech Management Consultants Pvt. Ltd. due to unpaid operational debt.

## Facts

Mr. Nawal Kishore Prasad, an engineer, was approached by M/S Hospitech Management Consultants Pvt. Ltd. (Corporate Debtor) in July 2014 for a project in Raigarh. He signed an "Offer Letter" on July 10, 2014, and a "Reporting Instruction" letter on July 14, 2014, at the Corporate Debtor's New Delhi Head Office. The Corporate Debtor assured him that the Offer Letter with proper endorsement and signature would be sent later, but it was never received via email or post. He booked a ticket for Raigarh as instructed in the Reporting Instruction . After approximately three months, Mr. Prasad discovered internal disputes between the Chief Engineer and the Corporate Debtor, leading to the work being stopped. He was instructed to take charge

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## Issues and analysis

### Issue 1: Whether the application filed by the …

**Ratio:** The application is not barred by limitation as the recommendation for payment on December

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**Reasoning:** The NCLT noted that the last payment was made on February 6, 2016, and a recommendation

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**Interpretation:** The NCLT interpreted the recommendation for payment by the Dean of the Govt.

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**Application:** Since the recommendation for payment was made on December 22, 2018, and the

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## Parties

- **Judges:** ABNI RANJAN KUMAR…; SUMITA PURK…; +2 more
- **Appellants:** NAWAL KISHORE…
- **Respondents:** Hospitech…; M/S Hospitech…
- **Advocates:** For the Applicant/…; For the Respondent…

## Timeline

- **July 10, 2014 — Offer Letter…**: The Operational Creditor signed an…
- **July 14, 2014 — Reporting Instruction…**: The Operational Creditor signed a…

## 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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