# In the matter of Poorani Nagarajan (Infinitas Energy Solutions Pvt. Ltd.) Vs Indian Bank & Ors CA (AT) No. 318-2017

> NCLAT judgment dated 2017-12-18. Citation: TCN-2017-NCLAT-00005. The case involves an appeal against the order of the Adjudicating Authority (National Company…

- **Court:** NCLAT
- **Order date:** 18 Dec 2017
- **Citation:** TCN-2017-NCLAT-00005
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/poorani-nagarajan-infinitas-energy-solutions-pvt-ltd-vs-indian-bank-ors-ca-71676bcb

## Summary

### Background

The case involves an appeal against the order of the Adjudicating Authority (National Company Law Tribunal), Chennai, which admitted an application under Section 7 of the Insolvency and Bankruptcy Code, 2016. The Adjudicating Authority noted the existence of a debt and default, with complete documentation filed by the respondent, Indian Bank (Financial Creditor). The appellant challenged the order, arguing that the Joint Lenders Forum had decided to revive the Corporate Debtor, negating the default. The appellant relied on a notice issued by the Financial Creditor just before the application's admission, requesting a discussion of the action plan for recovery of bank dues.

## Facts

Ms. Poorani Nagarajan, a shareholder in M/s. Infinitas Energy Solutions Pvt. Ltd., filed an appeal against the order of the Adjudicating Authority (National Company Law Tribunal), Chennai. The Adjudicating Authority admitted an application under Section 7 of the Insolvency and Bankruptcy Code, 2016, filed by Indian Bank (Financial Creditor), due to a debt and default by the Corporate Debtor. The appellant argued that the Joint Lenders Forum had decided to revive the Corporate Debtor, and relied on a notice from the Financial Creditor requesting a discussion of the action plan for recovery of bank dues. The notice was issued shortly before the admission of the application. The Adjudicating Authority had already heard the parties before passing the impugned order.

## Issues and analysis

### Issue 1: Whether the decision of the Joint Lenders Forum to revive the Corporate Debtor negates the default …

**Ratio:** The existence of a debt and default, along with complete documentation, justifies the

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**Reasoning:** The court found that the appellant had committed default and that the record was

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**Interpretation:** Section 7 of the Insolvency and Bankruptcy Code, 2016 allows a financial

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**Application:** In this case, the court found that the appellant had committed default and that

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Poorani Nag…
- **Respondents:** Infinitas Energy…; Indian…

## Timeline

- **2017-09-15 — Impugned Ord…**: Date of the impugned order passed…
- **2017-09-14 — Financial Creditor…**: Date of the notice issued by the Financial Creditor asking the appellant to discuss its…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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