# In the matter of White Horse Network Services Private Limited C.P. (IB) No. 102-BB-2018

> NCLT judgment dated 2018-12-31. Citation: TCN-2018-NCLT-00002. The case involves a Company Petition filed by Mr. R.Gururaj, an Operational Creditor, against…

- **Court:** NCLT
- **Order date:** 31 Dec 2018
- **Citation:** TCN-2018-NCLT-00002
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/white-horse-network-services-private-limited-cp-ib-no-102-bb-2018-5ac92d2d

## Summary

### Background

The case involves a Company Petition filed by Mr. R.Gururaj, an Operational Creditor, against White Horse Network Services Private Limited, the Corporate Debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, read with Rule 6 of the I&B (Application to Adjudicating Authority) Rules, 2016. The petition seeks to initiate the Corporate Insolvency Resolution Process (CIRP) due to the Corporate Debtor's failure to pay arrears of salary amounting to Rs. 3,74,000/- despite a demand notice being issued and acknowledged.

## Facts

Mr. R.Gururaj, an Operational Creditor, filed a Company Petition against White Horse Network Services Private Limited, the Corporate Debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Corporate Debtor was incorporated on 07.11.2014. Mr. Gururaj was employed as an Accounts Executive with the Corporate Debtor, with an annual gross salary of Rs. 2,80,000/-. The Corporate Debtor failed to pay salary and other allowances for the period from 30.04.2017 to 28.02.2018, amounting to Rs. 3,74,000/-. A demand notice was issued on 20.03.2018, which the Corporate Debtor acknowledged, but failed to pay the outstanding amount. The petition seeks to initiate Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor. The Corporate Debtor did not

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## Issues and analysis

### Issue 1: Whether the petition filed by the Operational Creditor meets the requirements for initiating …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, read with Rule 6 of the I&B

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**Reasoning:** The Tribunal considered the documents filed, including the demand notice and its

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**Interpretation:** Section 9 of the IBC, 2016 is interpreted to mean that if an operational

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**Application:** In this case, the Operational Creditor, Mr. R.Gururaj, demonstrated the

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## Parties

- **Judges:** Rajeswara Rao…; Ashok Kumar…
- **Appellants:** R.Gur…
- **Respondents:** White Horse…

## Timeline

- **2014-11-07 — Incorporation of…**: White Horse Network Services…
- **2015-10-06 — Appointment of…**: Mr. Gururaj was offered an appointment as…

## 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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