# In the matter of Global Energy Talent Private Ltd. CP-IB-537-ND-2018

> NCLT judgment dated 2018-12-19. Citation: TCN-2018-NCLT-00048. The case involves a petition filed by Mr. Mohamed Hesham Mohamed Amin Basha Mashaa'l under…

- **Court:** NCLT
- **Order date:** 19 Dec 2018
- **Citation:** TCN-2018-NCLT-00048
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/global-energy-talent-private-ltd-cp-ib-537-nd-2018-9b5782e9

## Summary

### Background

The case involves a petition filed by Mr. Mohamed Hesham Mohamed Amin Basha Mashaa'l under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Global Energy Talent Private Limited (GET) for initiating the Corporate Insolvency Resolution Process (CIRP). The applicant claims that GET owes him outstanding dues for training services provided in Iraq. The corporate debtor contests the application, claiming misjoinder of parties and lack of territorial jurisdiction, asserting that the contract was with Global Energy Talent (Mauritius) and not the Indian entity. The operational creditor refutes this, stating that no such company exists in Mauritius and that the contract was with GET Gurgaon.

## Facts

Mr. Mohamed Hesham Mohamed Amin Basha Mashaa'l (the Operational Creditor) filed a petition against Global Energy Talent Private Limited (GET) (the Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate CIRP. The Operational Creditor provided training services to GET's client in Iraq, following an offer made on 05.11.2013. The consideration for the services was set at USD 900 per training day. The training was conducted between 29.03.2014 and 16.06.2015. The Operational Creditor raised an invoice on 05.12.2014 for USD 31,699 after deducting an advance of USD 1,500. GET allegedly delayed payments, citing delays from Petro China. Petro China confirmed on 28.11.2016 that all due payments were made to GET. On 20.02.2017, GET

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## Issues and analysis

### Issue 1: Whether the services are being provided to Global Energy Talent Private Limited, Gurgaon or Global …

**Ratio:** The principle is that a corporate debtor can only be held liable for debts arising from

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**Reasoning:** The Tribunal observed that according to the CBRD (Corporate and Business Registration

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**Interpretation:** This issue involves determining the correct contracting party. The court must

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**Application:** The Tribunal found that the Corporate Debtor's contention that the contract was

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## Parties

- **Judges:** R. VARADH…; V.K. SUB…
- **Appellants:** Mohamed Hesham…
- **Respondents:** Global Energy…

## Timeline

- **2013-11-05 — Offer Ma…**: M/s Global Energy Talent Private Limited (GET) made the offer vide email to Dr. Mashaa'l…
- **2013-11-06 — Offer Acc…**: Offer was accepted by applicant…

## 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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This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/global-energy-talent-private-ltd-cp-ib-537-nd-2018-9b5782e9