# In the matter of HSCC (India) Limited

> Read the full IBC case summary for In the matter of HSCC (India) Limited. NCLT judgment dated 2023-07-24. Citation: TCN-2023-NCLT-05264.

- **Court:** NCLT
- **Order date:** 24 Jul 2023
- **Citation:** TCN-2023-NCLT-05264
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/hscc-india-limited-c61b7888

## Summary

### Background

The applicant, M/s Kalpataru Power Transmission Limited, filed a petition under Section 9 of the IBC, 2016, to initiate the Corporate Insolvency Resolution Process against HSCC (India) Limited (the respondent) for withholding an operational debt of Rs. 17,53,95,858/- related to the construction of Kalpana Chawla Government Medical College.

## Facts

M/s Kalpataru Power Transmission Limited (Applicant) filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC 2016) against HSCC (India) Limited (Respondent) to initiate the Corporate Insolvency Resolution Process. The Applicant claimed an operational debt of Rs. 17,53,95,858/- due and payable for the successful construction and commissioning of “Kalpana Chawla Government Medical College” (KCGMC) and other associated works, awarded via a Contract Agreement dated January 9, 2014.

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## Issues and analysis

### Issue 1: Whether the Respondent, HSCC (India) Limited, falls under the definition of 'Corporate Debtor' and…

**Ratio:** A company that owes a debt to any person and is responsible for making payments, even if…

**Reasoning:** The NCLT referred to the PMC Agreement, which showed that the Respondent was engaged to…

**Interpretation:** The court interpreted 'Corporate Debtor' broadly to include entities like the…

**Application:** Given that the Respondent was contractually obligated to make payments,…

## Parties

- **Judges:** SH. BACHU VENKAT…; SH. L. N.…
- **Advocates:** Vivek T…; DGM (Le…

## Timeline

- **January 9, 2014 — Contract Ag…**: Contract Agreement for the Project…
- **April 14, 2017 — Project Oper…**: The Project became…

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