# In the matter of Nysa Communications Private Limited

> NCLT judgment dated 2023-09-18. Citation: TCN-2023-NCLT-01565. M/s. Computer Junction Private Limited, the Applicant, filed a petition under Section 9 of the…

- **Court:** NCLT
- **Order date:** 18 Sept 2023
- **Citation:** TCN-2023-NCLT-01565
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/nysa-communications-private-limited-80b52204

## Summary

### Background

M/s. Computer Junction Private Limited, the Applicant, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s. Nysa Communications Private Limited, the Respondent. The Adjudicating Authority initially initiated the CIRP against the Respondent on 13.10.2021, but this order was set aside by the NCLAT on 09.05.2022, remanding the matter for fresh hearing. The Applicant and Respondent had an agreement dated 30.05.2018, where the Applicant agreed to provide services to the Respondent for three years. The Applicant claimed that the Respondent failed to make payments for services rendered from 10.08.2018.

## Facts

M/s. Computer Junction Private Limited (Applicant) filed a petition under Section 9 of the IBC, 2016, against M/s. Nysa Communications Private Limited (Respondent) for initiating CIRP due to unpaid operational debt. The Applicant and Respondent entered into an agreement on 30.05.2018, where the Applicant was to provide end-to-end infrastructural support and laptop services to the Respondent for three years. The Applicant claimed that the Respondent failed to make payments for services rendered from 10.08.2018, resulting in an outstanding debt of Rs.3,54,54,483.49, including principal and interest. A demand notice was issued on 23.12.2019. The Respondent raised a dispute, alleging deficiencies in the Applicant's services, particularly regarding the provision of CCTV

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the IBC, 2016 is complete and fulfills all the …

**Ratio:** Section 9(5) of the IBC, 2016 states that if the application is complete and fulfills all

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**Reasoning:** The Adjudicating Authority found that the present petition filed under Section 9 is

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**Interpretation:** Section 9(5) mandates the admission of an application if it meets all legal

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**Application:** The court determined that the application met all legal requirements, thus

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## Parties

- **Judges:** SH. ASHOK KUMAR…; SH. L. N.…
- **Appellants:** M/s. Computer…
- **Respondents:** Nysa Communication…
- **Advocates:** Tushar Th…; Milan Sing…; +1 more

## Timeline

- **2018-05-30 — Agreement…**: Applicant and Respondent entered into an agreement where the Applicant agreed to provide…
- **2018-08-10 — Services Re…**: Applicant provided services to the Respondent,…

## 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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