# In the matter of Xenia Abode Services Private Limited CP-1355-(IB)-CB-2018

> NCLT judgment dated 2019-01-09. Citation: TCN-2019-NCLT-05288. The case involves a company petition filed by M/s. World 2 Meet S.L.U. (Operational Creditor)…

- **Court:** NCLT
- **Order date:** 9 Jan 2019
- **Citation:** TCN-2019-NCLT-05288
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/xenia-abode-services-private-limited-cp-1355-ib-cb-2018-092fd1f2

## Summary

### Background

The case involves a company petition filed by M/s. World 2 Meet S.L.U. (Operational Creditor) against M/s. Xenia Abode Services Private Limited (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code 2016. The Operational Creditor provided database services to the Corporate Debtor for hotel and travel bookings. The Corporate Debtor allegedly defaulted on payments for these services, leading to the petition. The total debt due is Rs. 1,80,26,273, including principal and interest. The Corporate Debtor raised objections, claiming breach of agreements by the Petitioner, lack of contract for interest payment, and jurisdictional issues.

## Facts

M/s. World 2 Meet S.L.U. (Operational Creditor) filed a company petition against M/s. Xenia Abode Services Private Limited (Corporate Debtor) under Section 9 of the IBC, 2016, due to unpaid operational debt. The Operational Creditor provided database services for hotel and travel bookings to the Corporate Debtor. The total debt due was Rs. 1,80,26,273, including principal (€187,747) and interest (€25,178). The Corporate Debtor made a security deposit of €10,000. The Corporate Debtor failed to make payments within the stipulated time, leading to 394 unpaid invoices from 21.11.2017 to 09.04.2018. The Petitioner informed the Corporate Debtor about adjusting the security deposit towards the oldest invoices, to which the Corporate Debtor agreed. A legal notice and demand

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## Issues and analysis

### Issue 1: Whether the petition filed by the Operational Creditor is maintainable under Section 9 of the …

**Ratio:** The Insolvency and Bankruptcy Code, 2016 allows an operational creditor to initiate the

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**Reasoning:** The Tribunal considered the submissions of both parties and perused the records. The

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**Interpretation:** Section 9 of the IBC, 2016 provides the procedure for an operational creditor

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**Application:** The Tribunal found that the Operational Creditor had provided sufficient

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## Parties

- **Judges:** B.S.V. Prakash…; S. VIJAYARA…
- **Appellants:** M/s. World 2 Meet…
- **Respondents:** Xenia Abode…; M/s. Xenia Abode…
- **Advocates:** C. R.…; J.R Ja…

## Timeline

- **2017-11-21 — Invoice Perio…**: Start date of the period for which 394 invoices…
- **2018-04-09 — Invoice Per…**: End date of the period for which 394 invoices…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 5(6) — Definitions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-5)

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