# In the matter of Amier Hamsa Ali Abbas Rawther vs. Chairman Cum Managing Director

> NCLAT judgment dated 2025-04-30. Citation: TCN-2025-NCLAT-00073. The Appellant, a liquidator of LSML Private Limited, filed an application…

- **Court:** NCLAT
- **Order date:** 30 Apr 2025
- **Citation:** TCN-2025-NCLAT-00073
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/amier-hamsa-ali-abbas-rawther-vs-chairman-cum-managing-director-89e8e28f

## Summary

### Background

The Appellant, a liquidator of LSML Private Limited, filed an application (IA(IBC)/1618/CHE/2024) before the NCLT, Chennai, seeking to direct the Respondent, NLC India Limited, to pay Rs. 40,98,41,115.76 towards various charges and amounts. These included substation maintenance charges, guarantee amounts, retention amounts, and unpaid invoices related to an O&M contract. The application arose from a contract dated 15.11.2013 between NLC India Ltd. and LSML (India) Pvt. Ltd. concerning the erection, commissioning, testing, and maintenance of wind turbine generators. The Corporate Debtor faced insolvency due to non-fulfillment of contractual obligations and force-majeure conditions, leading to a moratorium and subsequent liquidation. The Appellant, as the second

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## Facts

LSML Private Limited (Corporate Debtor) entered into a contract with NLC India Limited (Respondent) on 2013-11-15 for the erection, commissioning, testing, and maintenance of wind turbine generators. Due to non-fulfillment of contractual obligations by the Respondent and force-majeure conditions, the Corporate Debtor suffered financial losses, leading to default on its credit obligations. An insolvency process was initiated, and a moratorium was declared on 2022-10-14. As no resolution plan was approved, liquidation was ordered on 2023-10-12, and a liquidator was appointed. The Appellant, the second liquidator, identified receivables of Rs. 40,98,41,115.76 from the Respondent. The Respondent denied payment, leading the Appellant to file IA/1618/2024 before the NCLT,

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## Issues and analysis

### Issue 1: Whether the NCLT was justified in dismissing the Appellant's application (IA(IBC)/1618/CHE/2024) …

**Ratio:** The I&B Code is not a mechanism for recovery of disputed debts, especially when those

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**Reasoning:** The Tribunal reasoned that the I&B Code is primarily for insolvency resolution and

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**Interpretation:** This interprets the scope and purpose of the I&B Code, emphasizing its

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**Application:** The ratio and reasoning were applied to the facts by recognizing that the

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## Parties

- **Judges:** Sharad Kumar…; Jatindranat…
- **Appellants:** Mr.Amier Hamsa…
- **Respondents:** LSML Private…; Chairman Cum…

## Timeline

- **2013-11-15 — Contract Ex…**: Contract executed between NLC India Ltd. and LSML (India) Pvt. Ltd. for erection,…
- **2022-10-14 — Moratorium Dec…**: A moratorium was declared due to the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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