# In the matter of Maheshwari Handling Agency Private Limited C.P. No. (IB) 816-9-NCLT-AHM-2019

> NCLT judgment dated 2020-12-02. Citation: TCN-2020-NCLT-00187. The case involves M/s. Bhadreshwar Vidyut Private Limited, the operational creditor, filing a…

- **Court:** NCLT
- **Order date:** 2 Dec 2020
- **Citation:** TCN-2020-NCLT-00187
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/maheshwari-handling-agency-private-limited-cp-no-ib-816-9-nclt-ahm-2019-618df4f1

## Summary

### Background

The case involves M/s. Bhadreshwar Vidyut Private Limited, the operational creditor, filing a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Maheshwari Handling Agency Private Limited, the corporate debtor, for recovery of an amount of Rs. 51,57,359/-. This amount represents an excess payment made by the operational creditor to the corporate debtor for coal handling and transportation services that were not fully rendered after the operational creditor shifted its operations from Kandla Port to Mundra Port.

## Facts

M/s. Bhadreshwar Vidyut Private Limited (formerly known as OPGS Power Gujarat P. Ltd.) set up a 300 MW power plant and needed coal, importing it from various places. They engaged Maheshwari Handling Agency Private Limited to handle the transportation of coal from Kandla Port to their power plant starting in May 2015. In 2017, Bhadreshwar Vidyut shifted operations from Kandla Port to Mundra Port. An excess payment of Rs. 51,57,359/- was made to Maheshwari Handling Agency for work committed but not completed. Despite reminders, Maheshwari Handling Agency did not repay the amount. Bhadreshwar Vidyut issued a notice dated 24.09.2019, which was replied to by Maheshwari Handling Agency on 16.10.2019. Bhadreshwar Vidyut filed a petition under Section 9 of the Insolvency and

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## Issues and analysis

### Issue 1: Whether the excess payment made by the applicant can be considered as an 'operational debt' …

**Ratio:** An 'operational debt' is a claim in respect of the provision of goods or services. An

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**Reasoning:** The court reasoned that the excess payment was not a liability for services rendered but

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**Interpretation:** The court interpreted the definitions of 'debt,' 'operational creditor,' and

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**Application:** The court applied the definitions and reasoning to the specific facts of the

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## Parties

- **Judges:** Manorama…; Chockalingam…
- **Appellants:** Bhadreshwar…
- **Respondents:** Maheshwari…
- **Advocates:** Kunal Vai…

## Timeline

- **2015-05-01 — Engagement of R…**: M/s. Bhadreshwar Vidyut Private Limited engaged Maheshwari Handling Agency Private…
- **2017-01-01 — Shift of Ope…**: M/s. Bhadreshwar Vidyut Private Limited shifted its operations from Kandla Port to Mundra…

## 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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