# In the matter of Acquisory Consulting LLP Vs BCC Infrastructure Pvt. Ltd. CA (AT) (Insolvency) 152-2018

> NCLAT judgment dated 2018-11-30. Citation: TCN-2018-NCLAT-00037. Acquisory Consulting LLP, claiming to be an Operational Creditor, filed an application under…

- **Court:** NCLAT
- **Order date:** 30 Nov 2018
- **Citation:** TCN-2018-NCLAT-00037
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/acquisory-consulting-llp-vs-bcc-infrastructure-pvt-ltd-ca-ea4b7059

## Summary

### Background

Acquisory Consulting LLP, claiming to be an Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, for initiating the Corporate Insolvency Resolution Process against BCC Infrastructure Pvt. Ltd., the Corporate Debtor. The Adjudicating Authority (National Company Law Tribunal), Single Bench, New Delhi, dismissed the application via an order dated March 16, 2018. This dismissal led to the present appeal by Acquisory Consulting LLP.

## Facts

Acquisory Consulting LLP ('Operational Creditor') filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 ('I&B Code') to initiate the Corporate Insolvency Resolution Process against BCC Infrastructure Pvt. Ltd. ('Corporate Debtor'). The Adjudicating Authority dismissed the application on March 16, 2018, because the Appellant did not meet the definition of 'Operational Creditor' and no demand notice under Section 8(1) of the 'I&B Code' was served. The Appellant presented an Engagement Letter dated September 5, 2013, to support their claim, but the court found it unreliable due to overwriting, cuttings, and lack of signature. The Appellant also submitted emails as proof of services rendered, but the court determined these were not a

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## Issues and analysis

### Issue 1: Whether the Appellant comes within the …

**Ratio:** The definition of 'Operational Creditor' requires a clear demonstration of services

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**Reasoning:** The Adjudicating Authority held that the Appellant did not come within the meaning of

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**Interpretation:** The term 'Operational Creditor' is interpreted strictly, requiring concrete

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**Application:** The Appellant failed to provide sufficient evidence to prove they were an

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** M/s. Acquisory…
- **Respondents:** M/s. BCC Infrastru…

## Timeline

- **2018-03-16 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), Single Bench, New Delhi,…
- **2013-09-05 — Engagement…**: The Appellant referred to an Engagement Letter dated 5th September, 2013, written by the…

## 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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