# In the matter of Agarwal Coal Corporation Private Limited vs. Nizam Energy Private Limited

> NCLAT judgment dated 2023-12-21. Citation: TCN-2023-NCLAT-00009. This case involves an appeal against the dismissal of an application filed under Section 9 of…

- **Court:** NCLAT
- **Order date:** 21 Dec 2023
- **Citation:** TCN-2023-NCLAT-00009
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/agarwal-coal-corporation-private-limited-vs-nizam-energy-private-limited-6636ffe6

## Summary

### Background

This case involves an appeal against the dismissal of an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by Agarwal Coal Corporation Private Limited (Appellant), an operational creditor, against Nizam Energy Private Limited (Corporate Debtor). The National Company Law Tribunal, Division Bench - II, Chennai, dismissed the application on April 27, 2021. The Appellant claimed that the Corporate Debtor failed to pay for coal supplied between January 8, 2018, and February 10, 2018. The Tribunal dismissed the application because the Appellant failed to provide sufficient proof of delivery of the goods.

## Facts

Agarwal Coal Corporation Private Limited (Appellant) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Nizam Energy Private Limited (Corporate Debtor) for non-payment of dues related to coal supply. The National Company Law Tribunal dismissed the application. The Appellant is in the business of importing and trading coal, while the Corporate Debtor has a plant near Tuticorin, Tamil Nadu. The Appellant supplied coal to the Respondent, with payment sometimes made through cheques and RTGS. The Respondent issued purchase orders, including one dated December 27, 2017, for 2000 MTs of coal. The Appellant alleges that between January 8, 2018, and February 10, 2018, it supplied 1536.44 MTs of coal to the Respondent, amounting to

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## Issues and analysis

### Issue 1: Whether the Tribunal erred in dismissing the application under Section 9 of the Insolvency and …

**Ratio:** The ratio is that the Tribunal should consider all evidence on record, not just proof of

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**Reasoning:** The Tribunal's decision was based solely on the lack of proof of delivery, ignoring other

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**Interpretation:** This issue highlights the importance of a comprehensive evaluation of evidence

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**Application:** In this case, the Tribunal's failure to consider emails and other evidence led

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## Parties

- **Judges:** Rakesh Kuma…; Shreesha…; +1 more
- **Appellants:** Agarwal Coal…
- **Respondents:** Nizam Energy…

## Timeline

- **2021-04-27 — Order by…**: The National Company Law Tribunal, Division Bench - II, Chennai, dismissed the…
- **2018-01-08 — First Supply…**: The Appellant alleges that the first supply or delivery of coal under the purchase order…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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