# in the matter of DBM Geotechnics And Constructions Pvt. Ltd. CP No. 1142-MAH-2017

> NCLT judgment dated 2017-07-05. Citation: TCN-2017-NCLT-00761. Lift and Shift India Private Limited filed a petition against DBM Geotechnics And Constructions…

- **Court:** NCLT
- **Order date:** 5 Jul 2017
- **Citation:** TCN-2017-NCLT-00761
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/dbm-geotechnics-and-constructions-pvt-ltd-cp-no-1142-mah-2017-6715849f

## Summary

### Background

Lift and Shift India Private Limited filed a petition against DBM Geotechnics And Constructions Private Limited under Section 9 of the Insolvency & Bankruptcy Code, 2016, claiming to be an operational creditor. The claim arises from unpaid invoices for hiring of Spud Barge (AF-180) for Marine Geotechnical Work at Sewree to Nhava Site. The petitioner submitted Form No.5 on 28.06.2017 for an unpaid debt of Rs.54,96,000/-.

## Facts

Lift and Shift India Private Limited (the 'Operational Creditor') provided services to DBM Geotechnics And Constructions Private Limited (the 'Corporate Debtor') by hiring out a Spud Barge (AF-180) for Marine Geotechnical Work at Sewree to Nhava Site. A work order was issued on March 7, 2016. Invoices were raised for the services, including Invoice No.001 dated April 1, 2016, Invoice No. 010 dated April 13, 2016, and Invoice No.035 dated May 11, 2016. The debt amount fell due on various dates in April and May 2016. The total unpaid debt amounted to Rs.54,96,000/-. The Operational Creditor sent a demand notice under the Insolvency and Bankruptcy Code, 2016, on December 29, 2016. The Corporate Debtor did not take cognizance of the demand notice. The Corporate Debtor

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## Issues and analysis

### Issue 1: Whether the Petitioner is an 'Operational Creditor' …

**Ratio:** An 'Operational Creditor' is a person to whom an operational debt is owed, which arises

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**Reasoning:** The court determined that the Petitioner provided services to the Corporate Debtor by

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**Interpretation:** The definition of 'Operational Creditor' under the IBC encompasses those who

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**Application:** The Petitioner, Lift and Shift India Private Limited, provided services to the

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## Parties

- **Judges:** M.K. Sh…
- **Appellants:** Lift and Shift…
- **Respondents:** DBM Geotechnics…

## Timeline

- **2016-03-07 — Work Orde…**: Work Order dated 7th…
- **2016-04-01 — Invoice…**: Invoice No.001 dated 1st…

## 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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