# In the matter of MMS Infrastructure Ltd. T.C.P. 387-I&BP-2017

> NCLT judgment dated 2017-12-04. Citation: TCN-2017-NCLT-00106. The case involves a winding-up petition initially filed under Sections 433, 434, and 439 of the…

- **Court:** NCLT
- **Order date:** 4 Dec 2017
- **Citation:** TCN-2017-NCLT-00106
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/mms-infrastructure-ltd-tcp-387-ibp-2017-457aee5c

## Summary

### Background

The case involves a winding-up petition initially filed under Sections 433, 434, and 439 of the Companies Act, 1956, before the High Court of Bombay against MMS Infrastructure Ltd. (Corporate Debtor) for defaulting on a payment of ₹31,62,671 for services rendered by Nabh Interior (Petitioner). Due to the enactment of the Insolvency & Bankruptcy Code, 2016, the matter was transferred to the NCLT, Mumbai. The petitioner filed Form 5, and the case was heard as a Company Petition under Section 9 of the IBC, 2016.

## Facts

Nabh Interior (Petitioner) provided interior decoration services to MMS Infrastructure Ltd. (Corporate Debtor) based on a purchase/work order dated 2013-01-17. The total amount due for these services was ₹31,62,671, supported by two invoices raised on 2013-08-08 and 2014-07-13. The petitioner also filed a ledger account maintained by the corporate debtor confirming the outstanding debt. A cheque for ₹21,00,000 was issued by the corporate debtor to the petitioner on 2015-09-23. The corporate debtor disputed the claim, alleging that the purchase orders and invoices were related to its parent company, Maestros Mediline Systems Limited. The corporate debtor also argued that the petitioner had not filed the purchase orders and invoices along with the petition initially. The

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## Issues and analysis

### Issue 1: Whether the Petitioner has proved its …

**Ratio:** Under Section 9 of the Code, if a corporate debtor brings to the notice of the

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**Reasoning:** The NCLT reasoned that the purchase orders and invoices matched the ledger account

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**Interpretation:** Section 9 of the IBC allows an operational creditor to initiate CIRP against a

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**Application:** In this case, the NCLT found that the petitioner had provided sufficient

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## Parties

- **Judges:** B.S.V. Prakash…; V. Nallasen…
- **Appellants:** Nabh Int…
- **Respondents:** MMS INFRASTRUCTURE…
- **Advocates:** Neha M…; B.S. Mah…

## Timeline

- **1956-01-01 — Companies Ac…**: Winding-up Petition initially filed under Sections 433, 434, and 439 of the Companies…
- **2013-01-17 — Purchase/Wor…**: Corporate Debtor issued Purchase/work Order to the petitioner for doing Interior…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 14 — Moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-14)

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