# In the matter of AL Ameen Green Energy Private Limited IBA-449-2020

> NCLT judgment dated 2021-11-17. Citation: TCN-2021-NCLT-00476. ABB India Limited, the Operational Creditor, filed an application under Section 9 of the…

- **Court:** NCLT
- **Order date:** 17 Nov 2021
- **Citation:** TCN-2021-NCLT-00476
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/al-ameen-green-energy-private-limited-iba-449-2020-5bd2417c

## Summary

### Background

ABB India Limited, the Operational Creditor, filed an application under Section 9 of the Insolvency & Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against Al Ameen Green Energy Private Limited, the Corporate Debtor. The application was filed due to a default in payment of Rs. 6,53,36,026/- with the date of default being 30.04.2019. The Operational Creditor and Corporate Debtor had entered into a contract for an EPC package of a 25MW Solar PV Project. A tripartite agreement was executed between the parties and ENMAS GB Power Systems Pvt. Ltd. The Operational Creditor served a demand notice dated 11.10.2017 demanding Rs. 22,64,09,797/-. An earlier application filed by the applicant was dismissed as withdrawn on 09.04.2019 on

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## Facts

ABB India Limited (Operational Creditor) filed an application under Section 9 of the Insolvency & Bankruptcy Code, 2016, to initiate CIRP against Al Ameen Green Energy Private Limited (Corporate Debtor) due to a default of Rs. 6,53,36,026/- with the default date being 30.04.2019. The debt arose from a contract for an EPC package of a 25MW Solar PV Project. A tripartite agreement was executed between the parties and ENMAS GB Power Systems Pvt. Ltd. The Operational Creditor served a demand notice dated 11.10.2017 demanding Rs. 22,64,09,797/-. An earlier application was dismissed as withdrawn on 09.04.2019 based on a settlement agreement dated 08.04.2019, where the Corporate Debtor agreed to pay Rs. 6,00,00,000/- in four tranches but only paid Rs. 20,00,000/-. The

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor under Section 9(5) of the IBC, 2016, …

**Ratio:** Section 9(5) of the IBC, 2016, states that the Adjudicating Authority shall admit the

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**Reasoning:** The Adjudicating Authority found that the default on the part of the Corporate Debtor was

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**Interpretation:** Section 9(5) requires the Adjudicating Authority to admit the application if

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**Application:** The Adjudicating Authority applied Section 9(5) to the facts of the case and

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## Parties

- **Judges:** R. Sucha…; Anil Ku…
- **Appellants:** M/s. ABB India…
- **Respondents:** M/s. Al Ameen…

## Timeline

- **2015-07-29 — Letter of Awa…**: ABB India Ltd was awarded the 'Electrical…
- **2017-10-11 — Demand N…**: Operational creditor served a Form -3 Demand…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 14(1) — Moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-14)

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