# In the matter of Gammon India Ltd Vs Neelkanth Mansions and Infrastructure Pvt. Ltd CA (AT) 698-2018

> NCLAT judgment dated 2018-12-19. Citation: TCN-2018-NCLAT-00009. Gammon India Ltd. filed a petition under Section 433 (e) & (f) read with Section 434 of the…

- **Court:** NCLAT
- **Order date:** 19 Dec 2018
- **Citation:** TCN-2018-NCLAT-00009
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/gammon-india-ltd-vs-neelkanth-mansions-and-infrastructure-pvt-ltd-ca-1b8729d8

## Summary

### Background

Gammon India Ltd. filed a petition under Section 433 (e) & (f) read with Section 434 of the Companies Act, 1956 before the Bombay High Court for winding up Neelkanth Mansions and Infrastructure Pvt. Ltd. (Corporate Debtor). This was based on the Corporate Debtor's default in repaying Rs. 54,86,09,635 with 15% interest p.a. as of August 15, 2016. After the enactment of the Insolvency and Bankruptcy Code, 2016, the case was transferred to the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench. Gammon India Ltd. then filed Form-5 under Section 9 of the IBC for initiating Corporate Insolvency Resolution Process against Neelkanth Mansions. The Adjudicating Authority dismissed the application, stating it was not maintainable against a partnership firm.

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## Facts

Gammon India Ltd. filed a petition to wind up Neelkanth Mansions and Infrastructure Pvt. Ltd. (Corporate Debtor) due to a default of Rs. 54,86,09,635 plus interest. This petition was initially filed in the Bombay High Court and later transferred to the NCLT after the enactment of the IBC. Gammon India Ltd. then filed an application under Section 9 of the IBC. The Adjudicating Authority dismissed the application because the debt was against a partnership firm, of which Neelkanth Mansions was a partner. Gammon India Ltd. had entered into a partnership agreement with Neelkanth Mansions and other entities to form 'M/s. Gammon Neelkanth Realty Corporation'. A contract was entered between the partnership firm and Gammon India Ltd. for construction work. Disputes arose

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## Issues and analysis

### Issue 1: Whether an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 is maintainable …

**Ratio:** An application under Section 9 of the IBC is not maintainable against one of the partners

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**Reasoning:** The Adjudicating Authority correctly held that the application under Section 9 was not

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**Interpretation:** The interpretation of Section 9 of the IBC, in conjunction with the definition

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**Application:** In this case, the debt was due from the partnership firm 'M/s. Gammon Neelkanth

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Gammon Indi…
- **Respondents:** Neelkanth…

## Timeline

- **1956-01-01 — Companies Ac…**: Reference to Section 433 (e) & (f) read with…
- **2016-01-01 — Enactment…**: The Insolvency and Bankruptcy Code,…

## 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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