# In the matter of Shetkari Sakhar Karkhana (Chandapuri) Limited CP 1349-IBC-NCLT-MAH-2017

> NCLT judgment dated 2019-01-14. Citation: TCN-2019-NCLT-05247. Mitcon Consultancy & Engineering Services Private Limited, the Operational Creditor/Petitioner,…

- **Court:** NCLT
- **Order date:** 14 Jan 2019
- **Citation:** TCN-2019-NCLT-05247
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/shetkari-sakhar-karkhana-chandapuri-limited-cp-1349-ibc-nclt-mah-2017-5898c263

## Summary

### Background

Mitcon Consultancy & Engineering Services Private Limited, the Operational Creditor/Petitioner, filed a Company Petition under Section 9 of the Insolvency & Bankruptcy Code, 2016 (IBC) against Shetkari Sakhar Karkhana (Chandrapuri) Limited, the Corporate Debtor, to initiate Corporate Insolvency Resolution Process. The Corporate Debtor allegedly defaulted in making a payment of ₹50,44,000/- towards Consultancy/Engineering & Project Management Services, Integrated Sugar Expansion/Modernisation (1600 to 4800 TCD). The petitioner provided consultancy, project management, and engineering services to the Corporate Debtor's sugar factory in Chandrapuri Tal-Malshiras, Dist. Solapur, Maharashtra, based on a work order dated 20.09.2015. The petitioner claims to have

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## Facts

Mitcon Consultancy & Engineering Services Private Limited (Operational Creditor) provided consultancy, project management, and engineering services to Shetkari Sakhar Karkhana (Chandrapuri) Limited (Corporate Debtor) for its sugar factory in Chandrapuri, Maharashtra. A work order was issued on 20.09.2015. The Corporate Debtor defaulted on payments totaling ₹50,44,000/- for services rendered between February 2016 and September 2016. The Operational Creditor sent a demand notice on 01.04.2017. A settlement agreement was filed on 25.06.2018, but the Corporate Debtor failed to make payments as per the agreement. A board resolution dated 24.04.2018 acknowledged the debt but cited the Corporate Debtor's inability to pay. The Operational Creditor filed a Section 9

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the Insolvency and Bankruptcy Code, 2016 is complete in …

**Ratio:** Section 9 of the IBC requires that an application for initiation of the Corporate

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**Reasoning:** The court found that the application was complete as required by law, as the petitioner

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**Interpretation:** The completeness of the application is a prerequisite for the admission of a

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**Application:** The court determined that the application was complete based on the documents

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## Parties

- **Judges:** V. P. S…; RavikumarDu…
- **Appellants:** Mitcon Consultancy…
- **Respondents:** Shetkari Sakhar…; M/s Shetkari…

## Timeline

- **2015-09-20 — Work Order…**: Corporate Debtor issued work order to the Petitioner for consultancy, project management,…
- **2016-02-02 — Invoices…**: Invoices raised by the petitioner to…

## 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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