(1.) This is an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (for brevity 'the Code') read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. The petitioner claims that it is an 'Operational Creditor' and the respondent is a 'Corporate Debtor'. The identification number of the petitioner is U63040MH2004PTC145086 and it is based at Mumbai.
(2.) The Corporate Debtor 'Getit Grocery Private Limited' has been incorporated on 16.04.2015. Its identification number is U51224DL2015PTC279116, Its authorized share capital is 1,00,000/- and paid up share capital is Rs. 1,00,000/- and it is based at 1205, 12th Floor, New Delhi House, 27, Barakhamba Road, New Delhi-110001.
(3.) The case of the 'Operational Creditor' is that Corporate Debtor approached the 'Operational Creditor' for providing manpower outsourcing services through its associates for their business of providing online services related to grocery items. A staffing service agreement was entered into and executed between the 'Operational Creditor' and the 'Corporate Debtor' on 04.06.2015 for providing aforesaid services. The agreement was valid for a period of one year from 14.05.2015 to 13.05.2016 and was subsequently extended for further period of one year from 14.05.2016 to 13.05.2017 vide Addendum agreement dated 27.05.2016. The scope of service to be rendered was under the aforesaid agreement and it was laid down in Annexure-A of the agreement. The scope of service as given in Annexure-A are as under: -