# In the matter of Great Unison Contractors India Pvt. Ltd. C.P.(IB)-1414(MB)-2018

> NCLT judgment dated 2019-01-09. Citation: TCN-2019-NCLT-05285. International Marine & Energy DMCC, an operational creditor, filed a Company Petition under…

- **Court:** NCLT
- **Order date:** 9 Jan 2019
- **Citation:** TCN-2019-NCLT-05285
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/great-unison-contractors-india-pvt-ltd-cpib-1414mb-2018-20666fbc

## Summary

### Background

International Marine & Energy DMCC, an operational creditor, filed a Company Petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Great Unison Contractors India Pvt. Ltd. (formerly Unison Engineering & Construction Private Limited), a corporate debtor, due to a default in payment for Marine Gas Oil supplied. The operational creditor sought to initiate the Corporate Insolvency Resolution Process (CIRP) against the corporate debtor.

## Facts

International Marine & Energy DMCC (IME), the operational creditor, supplied Marine Gas Oil (MGO) to Great Unison Contractors India Pvt. Ltd. (Unison), the corporate debtor. Five transactions occurred between November and December 2016, involving email communications, purchase orders, delivery notes, and invoices. Unison failed to pay the total outstanding amount of ₹3,97,58,530 as of April 3, 2018. IME issued a demand notice on June 5, 2017, seeking recovery of the unpaid operational debt, which amounted to USD 4,69,598 (₹3,02,51,882), plus interest. Unison responded on September 15, 2017, claiming it was not directly liable for payment, as it was a subcontractor, and Avantgarde was the main contractor responsible for payments. Unison also argued that the petition

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor defaulted in …

**Ratio:** Section 3(11) of the IBC defines 'debt' as a liability in respect of a claim which is due

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**Reasoning:** The court found that the goods were supplied as per the Purchase Orders, and the

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**Interpretation:** The court interpreted the definition of 'debt' and 'default' under the IBC to

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**Application:** The court applied the definitions of 'debt' and 'default' to the facts of the

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## Parties

- **Judges:** M.K. Sh…
- **Appellants:** International…
- **Respondents:** Great Unison…
- **Advocates:** Shyam Ka…; Oendri…; +2 more

## Timeline

- **2018-04-03 — Outstanding…**: Corporate Debtor failed to repay the total…
- **2018-04-26 — Petition…**: Company Petition filed by…

## 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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