# In the matter of PAN India Infraprojects Private Limited C.P. No. 1741-&BP-2017

> NCLT judgment dated 2019-04-15. Citation: TCN-2019-NCLT-03908. The case involves a petition filed by SECON Private Limited against PAN India Infraprojects…

- **Court:** NCLT
- **Order date:** 15 Apr 2019
- **Citation:** TCN-2019-NCLT-03908
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/pan-india-infraprojects-private-limited-cp-no-1741-bp-2017-b57a99c6

## Summary

### Background

The case involves a petition filed by SECON Private Limited against PAN India Infraprojects Private Limited, alleging default in payment for project management consultancy services. SECON claims that PAN India Infraprojects owes them Rs. 1,23,97,997/- for services rendered under a contract related to the Baghalpur Water Supply Project Phase-I. The petitioner initiated CIRP under Section 9 of the Insolvency and Bankruptcy Code, 2016.

## Facts

SECON Private Limited (the Petitioner) provided project management consultancy services to PAN India Infraprojects Private Limited (the Corporate Debtor) for the Baghalpur Water Supply Project Phase-I, based on a Letter of Intent (LOI) issued on 2015-07-24 and a subsequent contract dated 2015-12-31. The total consideration was Rs. 2,97,54,000/-. SECON raised invoices for Rs. 1,23,97,997/-, which were partially certified by PAN India Infraprojects. SECON requested payment multiple times, but PAN India Infraprojects failed to pay. SECON issued a demand notice under Section 8 of the IBC on 2017-10-10. PAN India Infraprojects claimed disputes over the quality of services and certification of invoices. SECON filed an application under Section 9 of the IBC to initiate CIRP.

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## Issues and analysis

### Issue 1: Whether the petition filed by SECON Private Limited against PAN India Infraprojects Private Limited …

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

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**Reasoning:** The NCLT found that SECON had provided evidence of certified RA bills, indicating that

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**Interpretation:** Section 9 of the IBC provides a mechanism for operational creditors to recover

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**Application:** The NCLT applied Section 9 to the facts, finding that SECON had established the

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## Parties

- **Judges:** Bhaskara Pantula…; V. Nallasen…
- **Appellants:** Secon Private…
- **Respondents:** PAN India…
- **Advocates:** Jash…; Hurmuf…; +1 more

## Timeline

- **2015-07-24 — Letter of Intent (LOI)…**: The Corporate Debtor issued a Letter of Intent (LOI) to the Petitioner for provision of…
- **2015-12-31 — Project Management Consultancy Services…**: The Corporate Debtor and the Petitioner executed a Project Management Consultancy…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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