# In the matter of Morevisas Immigration Services Private Limited CP (IB) No. 438-09-HDB-2019

> NCLT judgment dated 2019-09-04. Citation: TCN-2019-NCLT-01565. The case involves a petition filed by M/s. Walsons Services Private Limited (Operational…

- **Court:** NCLT
- **Order date:** 4 Sept 2019
- **Citation:** TCN-2019-NCLT-01565
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/morevisas-immigration-services-private-limited-cp-ib-no-438-09-hdb-2019-f4f2e139

## Summary

### Background

The case involves a petition filed by M/s. Walsons Services Private Limited (Operational Creditor) against M/s. Morevisas Immigration Services Private Limited (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. The Operational Creditor provided security services to the Corporate Debtor based on a contract executed on 19.10.2016. The agreement was for a period from 05.11.2016 to 04.11.2017. The Corporate Debtor allegedly defaulted on payments for 61 invoices raised by the Operational Creditor.

## Facts

M/s. Walsons Services Private Limited (Operational Creditor) filed a petition against M/s. Morevisas Immigration Services Private Limited (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Operational Creditor and Corporate Debtor entered into a contract on 19.10.2016 for security services. The agreement was for a period of one year from 05.11.2016 to 04.11.2017. The Operational Creditor provided security services at 10 different locations of the Corporate Debtor. The Corporate Debtor made payments in 2016, but payments became irregular in 2017. The Operational Creditor raised 61 invoices for the services rendered. The Corporate Debtor failed to make payments for these invoices. The Operational Creditor issued a demand notice on

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## Issues and analysis

### Issue 1: Whether the Petitioner/Operational Creditor has established a default in respect of an operational …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016 allows an operational creditor to

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**Reasoning:** The Adjudicating Authority found that the Petitioner had provided sufficient proof of the

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**Interpretation:** The term 'operational debt' includes a claim in respect of the provision of

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**Application:** The Petitioner provided security services to the Corporate Debtor, which

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## Parties

- **Judges:** Shri. K. Anantha…; BINOD KUMAR…
- **Appellants:** M/s. Walsons…
- **Respondents:** M/s. Morevisas…

## Timeline

- **2016-10-19 — Contract Ex…**: A contract for security services arrangement was made and executed between the Corporate…
- **2016-11-05 — Agreement Sta…**: The agreement for security services was entered for a period of one year from 05.11.2016…

## 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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