# In the matter of Ashok Kumar Bhasin vs. ABB Power Products and Systems India Limited Company Appeal (AT)(Insolvency) No. 414 of 2023

> NCLAT judgment dated 2023-05-11. Citation: TCN-2023-NCLAT-00539. This case involves an appeal against the order dated 08.02.2023 passed by the National…

- **Court:** NCLAT
- **Order date:** 11 May 2023
- **Citation:** TCN-2023-NCLAT-00539
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ashok-kumar-bhasin-vs-abb-power-products-and-systems-india-limited-company-appea-6026637c

## Summary

### Background

This case involves an appeal against the order dated 08.02.2023 passed by the National Company Law Tribunal, Kolkata Bench, Court No. II in CP(IB) No. 76/KB/2021, which admitted a Section 9 application under the Insolvency and Bankruptcy Code, 2016. The appellant, Ashok Kumar Bhasin, the suspended director of Sigma-C Infrastructure Private Limited, challenged the admission order. The operational creditor, ABB Power Products and Systems India Limited, filed the Section 9 application due to unpaid dues for the supply of 145 KV 9-Bay DBB GIS Board required for CESC's Princep Street Substation. The corporate debtor issued purchase orders that were later amended. The operational creditor claimed that only a partial payment was received, leaving a significant outstanding

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## Facts

Sigma-C Infrastructure Pvt. Ltd. (Corporate Debtor) issued purchase orders to ABB Power Products and Systems India Limited (Operational Creditor) for the supply of 145 KV 9-Bay DBB GIS Board for CESC's Princep Street Substation. Three purchase orders were issued and amended over time, with the last amendments on 25.01.2018 and 15.05.2018. The Operational Creditor supplied the equipment against these purchase orders. The Operational Creditor received only Rs. 81,33,600/- out of the total invoice amount of Rs. 7,43,21,225/-. The Operational Creditor issued a tax invoice dated 16th May, 2018, and all materials were received by 30th May, 2018. The Operational Creditor sent letters for payment on 25.09.2018, 03.10.2018, 11.10.2018, 12.10.2018, and 31.10.2018. The Corporate

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in admitting the Section 9 application under the …

**Ratio:** The Adjudicating Authority has the power to admit a Section 9 application if the debt and

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**Reasoning:** The Adjudicating Authority considered the evidence presented by both parties, including

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**Interpretation:** Section 9 of the IBC allows an operational creditor to initiate the corporate

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**Application:** In this case, the Operational Creditor demonstrated that the Corporate Debtor

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Ashok Kumar…
- **Respondents:** Sigma-C Infrastruc…; ABB Power…

## Timeline

- **2018-05-16 — Tax Invoic…**: Operational Creditor issued tax…
- **2018-05-30 — Material Rece…**: All materials were received…

## 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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