# In the matter of Super Infratech Pvt. Ltd. Dy. No. 3(081) of 2018

> NCLT judgment dated 2018-09-17. Citation: TCN-2018-NCLT-00747. M/s. Hillview Coals Pvt. Ltd. filed an application under Section 8 and 9 of the Insolvency &…

- **Court:** NCLT
- **Order date:** 17 Sept 2018
- **Citation:** TCN-2018-NCLT-00747
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/super-infratech-pvt-ltd-dy-no-3081-of-2018-9519c933

## Summary

### Background

M/s. Hillview Coals Pvt. Ltd. filed an application under Section 8 and 9 of the Insolvency & Bankruptcy Code, 2016, seeking initiation of corporate insolvency resolution process against M/s. Super Infratech Private Ltd. The operational creditor (Hillview Coals) claimed that the corporate debtor (Super Infratech) defaulted in making payments for work executed under a sub-contract related to a project awarded by Brahmaputra Cracker & Polymers Ltd. (BCPL). The corporate debtor contended that there was a pre-existing dispute regarding the debt, as the operational creditor failed to complete the work within the stipulated time, leading to losses for the corporate debtor. The corporate debtor also raised the issue of territorial jurisdiction in a prior money suit

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## Facts

M/s. Hillview Coals Pvt. Ltd. (operational creditor) filed an application under Section 8 and 9 of the Insolvency & Bankruptcy Code, 2016, to initiate corporate insolvency resolution process against M/s. Super Infratech Private Ltd. (corporate debtor). The operational creditor claimed that the corporate debtor owed Rs.4,48,90,155/- as outstanding dues for work executed under a sub-contract. The corporate debtor was awarded a contract by Brahmaputra Cracker & Polymers Ltd. (BCPL) for "side grading works" at Lepetkata, Dibrugarh, Assam, in November 2008. The corporate debtor sub-contracted a portion of the work to the operational creditor under an agreement dated 10-11-2008. The operational creditor allegedly failed to complete the work within the

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## Issues and analysis

### Issue 1: Whether there was a pre-existing dispute between the operational creditor and the corporate debtor …

**Ratio:** The existence of a pre-existing dispute, as defined under Section 5(6) of the Insolvency

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**Reasoning:** The court reasoned that the correspondence between the parties, including pleaders'

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**Interpretation:** The court interpreted Section 5(6) of the Insolvency & Bankruptcy Code,

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**Application:** In this case, the court found that the corporate debtor had consistently

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## Parties

- **Judges:** P. K. S…
- **Appellants:** M/s. Hillview…
- **Respondents:** M/s. Super…
- **Advocates:** Purshotam…; Ashok S…; +1 more

## Timeline

- **2008-11-01 — Contract A…**: M/s. Super Infratech Private Ltd. was awarded a contract by Brahmaputra Cracker &…
- **2008-11-10 — Sub-Contract A…**: M/s. Super Infratech Private Ltd. sub-contracted a portion of the work to M/s. Hillview…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 5(6) — Definitions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-5)

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