# In the matter of Mitcon Consultancy & Engineering Services L. Vs Al-Ameen Great Energy CA (AT) No.281-2017

> NCLAT judgment dated 2017-12-19. Citation: TCN-2017-NCLAT-00004. This is an appeal against the order dated 23rd October, 2017, passed by the Adjudicating…

- **Court:** NCLAT
- **Order date:** 19 Dec 2017
- **Citation:** TCN-2017-NCLAT-00004
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/mitcon-consultancy-engineering-services-l-vs-al-ameen-great-energy-ca-ea0c1652

## Summary

### Background

This is an appeal against the order dated 23rd October, 2017, passed by the Adjudicating Authority (National Company Law Tribunal), Chennai, which rejected the appellant's application under Section 9 of the Insolvency and Bankruptcy Code, 2016, read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudication Authority) Rules, 2016, on the ground that the claim was pre-matured. The appellant contended that the respondent was liable to pay dues before the application was filed under Section 9 of the I&B Code.

## Facts

Mitcon Consultancy & Engineering Services Ltd. filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Al-Ameen Green Energy Pvt. Ltd. The Adjudicating Authority (National Company Law Tribunal), Chennai, rejected the application on the ground that the claim was pre-matured. The appellant, Mitcon Consultancy & Engineering Services Ltd., appealed this decision. The appellant's counsel referred to a work order issued by the respondent, Al-Ameen Green Energy Pvt. Ltd., dated 18th May, 2015, specifically paragraph 7 concerning 'Terms of payment', arguing that the respondent was liable to pay dues before the application was filed. The appellant also contended that no dispute existed prior to the demand notice issued under Section

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## Issues and analysis

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

**Ratio:** The Adjudicating Authority must properly consider the maturity of the debt and the terms

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**Reasoning:** The court found that the Adjudicating Authority failed to appreciate the facts and the

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**Interpretation:** Section 9 of the Insolvency and Bankruptcy Code, 2016, requires a careful

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**Application:** In this case, the Adjudicating Authority failed to properly consider the work

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Mitcon Consultancy…
- **Respondents:** AL AMEEN GREEN…

## Timeline

- **2015-05-18 — Work Order…**: The respondent, Al-Ameen Green Energy Pvt. Ltd., issued a work order to the appellant,…
- **2017-10-23 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), Chennai, passed an order…

## 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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