# In the matter of Balaji Heavy Lifters Pvt. Ltd. C.P. (I.B) No. 167-9-NCLT-AHM-2017

> NCLT judgment dated 2018-01-18. Citation: TCN-2018-NCLT-01918. Deep Constructions Co. filed a petition under Section 9 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 18 Jan 2018
- **Citation:** TCN-2018-NCLT-01918
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/balaji-heavy-lifters-pvt-ltd-cp-ib-no-167-9-nclt-ahm-2017-b0eaeab6

## Summary

### Background

Deep Constructions Co. filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Balaji Heavy Lifters Private Limited, styling it as 'Corporate Debtor'. Deep Constructions Co. claimed that Balaji Heavy Lifters Private Limited owed them Rs. 1,42,38,334/- for construction work carried out between 2013 and July 2016. The petitioner issued a demand notice dated 10.7.2017 in Form-3 to the Respondent.

## Facts

Deep Constructions Co. (Operational Creditor) filed a petition against Balaji Heavy Lifters Private Limited (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Operational Creditor claimed that the Corporate Debtor owed Rs. 1,42,38,334/- for construction work done between 2013 and July 2016. The Operational Creditor raised several invoices, which were duly received and acknowledged by the Corporate Debtor. The Corporate Debtor also accepted the ledger account showing the balance amounts due between the parties between the year 2013 and 31st March, 2016. The Corporate Debtor acknowledged the liability to pay outstanding debt by way of signed confirmation of balance dated 31.3.2015 and 31.3.2016. A demand notice was issued on 10.7.2017.

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## Issues and analysis

### Issue 1: Whether the Partner who filed the Petition has proper authorization to file the Petition on behalf …

**Ratio:** A partner must have proper authorization to file a petition on behalf of the partnership

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**Reasoning:** The Petitioner filed a copy of the Letter of Authority dated 2.8.2017, which is in favor

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**Interpretation:** The court interpreted the Letter of Authority and the Partnership Deed to

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**Application:** The court found that the Letter of Authority and the Partnership Deed

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## Parties

- **Judges:** BIKKI RAVEENDRA…
- **Appellants:** Deep Constructions…
- **Respondents:** Balaji Heavy…; Balaji Heavy…

## Timeline

- **2013-01-01 — Construction Work…**: Deep Constructions Co. carried out construction work for Balaji Heavy Lifters Private…
- **2016-07-01 — Construction Work…**: Deep Constructions Co. completed the construction work for Balaji Heavy Lifters Private…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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