# In the matter of Phadnis Infrastructure Limited CP No. 1028-I&BP-NCLT-MB-MAH-2017

> NCLT judgment dated 2017-09-14. Citation: TCN-2017-NCLT-00415. The case involves a Company Petition filed by Pradeep Mahajan & 26 Others, operational…

- **Court:** NCLT
- **Order date:** 14 Sept 2017
- **Citation:** TCN-2017-NCLT-00415
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/phadnis-infrastructure-limited-cp-no-1028-ibp-nclt-mb-mah-2017-9ea825d1

## Summary

### Background

The case involves a Company Petition filed by Pradeep Mahajan & 26 Others, operational creditors, against Phadnis Infrastructure Limited, the corporate debtor, under Section 9 of the IBC code, 2016. The operational creditors sought to initiate Corporate Insolvency Resolution Process (CIRP) against the corporate debtor, appoint an Interim Resolution Professional (IRP) and a Resolution Professional, and recover costs. The corporate debtor allegedly defaulted on payments of salaries and other emoluments since 2013, leading to outstanding dues of Rs.1,36,08,595.33. The operational creditors issued legal notices to the corporate debtor, which were not replied to or complied with.

## Facts

Pradeep Mahajan and 26 others, acting as operational creditors through their Power of Attorney holder Pradeep Mahajan, filed a Company Petition against Phadnis Infrastructure Limited, the corporate debtor, seeking to initiate Corporate Insolvency Resolution Process (CIRP). The corporate debtor allegedly defaulted on payments of salaries and other emoluments to the operational creditors since 2013, resulting in outstanding dues of Rs. 1,36,08,595.33. This amount includes unpaid salaries, remuneration, TDS, and EPF contributions. The operational creditors issued a legal notice dated 14-11-2016 under Sections 271(a), (g), and 272 of the Companies Act, 2013, and another notice under section 8(1) r/w Rule 5 of the Insolvency and Bankruptcy Code, 2016, neither of which were

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## Issues and analysis

### Issue 1: Whether the application for initiating Corporate Insolvency Resolution Process (CIRP) against the …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016 allows an operational creditor to

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**Reasoning:** The Adjudicating Authority considered the facts presented, including the outstanding

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**Interpretation:** Section 9 provides a mechanism for operational creditors to recover their dues

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**Application:** In this case, the operational creditors demonstrated that the corporate debtor

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## Parties

- **Judges:** M.K. Sh…; Ravikumar…; +1 more
- **Appellants:** Pradeep M…
- **Respondents:** Phadnis Infrastruc…

## Timeline

- **2013-01-01 — Default in P…**: Corporate Debtor started defaulting in payment of salaries and other emoluments to the…
- **2016-11-14 — Legal Notice…**: Operational Creditors issued a legal notice under Sections 271 (a), (g) and 272 of the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8(1) — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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