THE NATIONAL COMPANY LAW TRIBUNAL “CHANDIGARH BENCH, CHANDIGARH”

(Exercising powers of Adjudicating Authority under the Insolvency and Bankruptcy Code, 2016)

IA No. 786/2022 And CP (IB) No. 477/Chd/Hry/2019 Under Section 9 of Insolvency and Bankruptcy Code, 2016 read with Rule 6 of the Insolvency and Bankruptcy Rules, 2016 In the matter of CP (IB) No. 477/Chd/Hry/2019:

Sphinx Security Services Private Limited through its Director/Authorized Signatory Sh. Akhil Kinha having its registered office at C-125, Mayfield Garden, Sector 52, Gurgaon, Haryana.

…Petitioner-Operational Creditor Vs.

M/s Quickdel Logistics Private Limited through its Director Sh. Anand Rai having its registered office at Unit No. 1101, 11th Floor, Spaze I, Tech Park, Tower A-2, Sohana Road, Sector 49, Gurgaon, Haryana-122103 having its alternative Registered Office at C-007, LGF, Sushant Lok-1, Gurgaon, Haryana-122009 …Respondent-Corporate Debtor And In the matter of IA No. 786/2022:

M/s Sphinx Security Services Private Limited through its Director Sh. Manu having its registered office at F-332, Lado Sarai, New Delhi-110030 …Petitioner-Operational Creditor Vs.

M/s Quickdel Logistics Private Limited having its registered office at Unit No. 1101, 11th Floor, Spaze I, Tech Park, Tower A-2, Sohana Road, Sector 49, Gurgaon-122018 through its Director Sh. Anand Rai …Respondent-Corporate Debtor Judgment delivered on: 03.07.2023 Coram: Hon’ble Mr. Harnam Singh Thakur, Member (Judicial)

Hon’ble Mr. Subrata Kumar Dash, Member (Technical)

For the Petitioner- : Mr. HPS Bhinder, Advocate Operational Creditor For the Respondent- : 1) Mr. Murari Kumar, Advocate Corporate Debtor/ 2) Mr. Devansh Khanna, Advocate Applicant in IA No.

786/2022 Per: Harnam Singh Thakur, Member (Judicial)

JUDGMENT in CP (IB) No. 477/Chd/Hry/2019 The present petition is filed, under Section 9 of the Insolvency and Bankruptcy Code, 2016 (for brevity ‘IBC’ / ‘Code’), by Sphinx Security Services Private Limited through its Director/Authorized Signatory, Sh. Akhil Kinha (for brevity ‘Operational Creditor’ / ‘Petitioner’), with a prayer to initiate Corporate Insolvency Resolution Process (CIRP) in the case of M/s Quickdel Logistics Private Limited (for brevity ‘Corporate Debtor’ / ‘Respondent’).

2. The Corporate Debtor, namely, M/s Quickdel Logistics Private Limited, is a Company incorporated on 28.05.2013 under the provisions of the Companies Act with CIN No. U63000HR2013PTC049345 with its registered office at Gurgaon, Haryana, India. Hence, the territorial jurisdiction lies with this Adjudicating Authority. Copy of the master data of the corporate debtor is attached as IA No. 1029/2019.

3. The facts of the case, briefly, as stated in the petition are that Operational Creditor was engaged in providing security and housekeeping services. parties enter into an agreement dated 29.07.2015 whereby the operational creditor was required to provide 472 security guards and the corporate debtor was bound to pay dues by the 5th of every month. Parties entered into another agreement dated 01.09.2015 and subsequent agreement dated 04.04.2016 whereby the earlier agreement dated 29.07.2015 was renewed. The Operational Creditor raised invoices and contacted the corporate debtor through emails dated between 18.10.2016 and 21.11.2016 seeking outstanding payment. The Operational Creditor issued a Legal Notice dated 06.05.2017 which was undelivered with a report that the occupier of the property had left the property. Another Legal Notice dated 28.07.2017 was issued including Rs. 10,34,507/- amount pertaining to the GoFill Account of Corporate Debtor but only part payment was made. The Operational Creditor filed a complaint dated 05.11.2016 registered vide No. 1423-P dated 07.11.2016 before the Deputy Commissioner of Police, West Gurgaon, Haryana regarding cheating and fraud committed by Corporate Debtor. corporate debtor vide its email dated 24.08.2016, admitted its claim and promised to clear all outstanding payments before 15.09.