# In the matter of Anwesha Engineering & Projects Private Limited C.P. No. (IB) 20-9-NCLT-AHM-2020

> NCLT judgment dated 2021-01-25. Citation: TCN-2021-NCLT-03242. Continental Piling & Excavation (Private) Limited filed a petition under Section 9 of the…

- **Court:** NCLT
- **Order date:** 25 Jan 2021
- **Citation:** TCN-2021-NCLT-03242
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/anwesha-engineering-projects-private-limited-cp-no-ib-20-9-nclt-ahm-2020-64306270

## Summary

### Background

Continental Piling & Excavation (Private) Limited filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Anwesha Engineering and Projects Limited, claiming an operational debt of Rs. 29,58,776/- for piling work done at ONGC, Hazira, based on a work order dated 27.01.2016. The operational creditor raised nine R.A. bills between January 2016 and September 2016. A Minutes of Meeting (MoM) dated 19.06.2018 was executed, agreeing to a payment of Rs. 25,26,311/-. The corporate debtor issued two post-dated cheques, one of which was dishonored. The applicant issued a demand notice under Section 8 of the I&B Code on 13.08.2019.

## Facts

Continental Piling & Excavation (Private) Limited, an operational creditor, filed a petition against Anwesha Engineering and Projects Limited, the corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The operational creditor claimed an outstanding debt of Rs. 29,58,776/- for piling work services provided to the corporate debtor at ONGC, Hazira, based on a work order dated 27.01.2016. The operational creditor raised nine R.A. bills between January 2016 and September 2016. A Minutes of Meeting (MoM) dated 19.06.2018 was executed, agreeing to a payment of Rs. 25,26,311/-. The corporate debtor issued two post-dated cheques, one of which, amounting to Rs. 15,26,311/-, was dishonored. The operational creditor issued a demand notice under Section

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## Issues and analysis

### Issue 1: Whether there is an 'operational debt' as defined …

**Ratio:** The legal principle is that an operational debt must exist and exceed Rs. 1.00 lac for an

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**Reasoning:** The court reasoned that the applicant had provided sufficient evidence to demonstrate the

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**Interpretation:** This involves interpreting the definition of 'operational debt' under the IBC

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**Application:** The court applied this principle to the facts by examining the work orders,

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## Parties

- **Judges:** Manorama…; Chockalingam…
- **Appellants:** Continental…
- **Respondents:** Anwesha Engineerin…

## Timeline

- **2016-01-27 — Work Orde…**: Corporate debtor issued work…
- **2016-01-01 — RA Bills…**: Operational creditor raised nine R.A. bills…

## 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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