# In the matter of Scorpio Engineering Private Limited C.P.(IB) No.372-BB-2019

> NCLT judgment dated 2020-05-21. Citation: TCN-2020-NCLT-01338. M/s. I & B Engineers (P) Limited filed C.P. (IB) No.372/BB/2019 under Section 9 of the IBC,…

- **Court:** NCLT
- **Order date:** 21 May 2020
- **Citation:** TCN-2020-NCLT-01338
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/scorpio-engineering-private-limited-cpib-no372-bb-2019-e74b7580

## Summary

### Background

M/s. I & B Engineers (P) Limited filed C.P. (IB) No.372/BB/2019 under Section 9 of the IBC, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against M/s. Scorpio Engineering Private Limited, alleging a default of Rs. 79,03,739.00, including interest. The Operational Creditor claimed to have supplied spare parts, accessories, and components to the Corporate Debtor, with an invoice dated 11th August 2016, based on purchase orders from 2015 and 2019. The Corporate Debtor opposed the petition, citing a tripartite agreement involving Indian Power Corporate Haldia Limited (IPCHL), now known as Hiranmaye Energy Limited, where IPCHL was responsible for making direct payments to the Petitioner. The Corporate Debtor also argued that the petition was

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## Facts

M/s. I & B Engineers (P) Limited (Operational Creditor) claimed that M/s. Scorpio Engineering Private Limited (Corporate Debtor) defaulted on a total amount of Rs. 79,03,739.00, including interest at 24% p.a. up to June 21, 2019, for the supply of spare parts, accessories, and components of plant and machinery. The goods were supplied based on purchase orders placed during 2015 and 2019, with an invoice dated August 11, 2016. The Corporate Debtor argued that a tripartite agreement existed with Indian Power Corporate Haldia Limited (IPCHL), now known as Hiranmaye Energy Limited, where IPCHL was responsible for making direct payments to the Operational Creditor. The Corporate Debtor stated that the Operational Creditor was aware of this arrangement and had received

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## Issues and analysis

### Issue 1: Whether the Petitioner prima facie proved that the Debt in question is liable to be paid by the …

**Ratio:** The burden of proof lies on the operational creditor to establish a prima facie case that

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**Reasoning:** The court found that the petitioner failed to establish a prima facie case that the debt

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**Interpretation:** The court interpreted the evidence to suggest that the liability for payment

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**Application:** The court applied this principle to the facts, noting the existence of a

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## Parties

- **Judges:** Rajeswara Rao…; Ashutosh C…
- **Appellants:** M/s. I & B…
- **Respondents:** M/s. Scorpio…

## Timeline

- **2016-08-11 — Invoice…**: Operational Creditor issued…
- **2019-06-21 — Interest Calc…**: Interest calculated up…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 138 — Discharge order](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-138)

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