# In the matter of Swiber Offshore ( India ) Pvt. Ltd. C.P. No. 05-I & BP-NCLT-MAH-2017

> NCLT judgment dated 2017-01-30. Citation: TCN-2017-NCLT-00981. Astra Offshore Sdn Bhd, an operational creditor, filed a petition under Section 9 of the…

- **Court:** NCLT
- **Order date:** 30 Jan 2017
- **Citation:** TCN-2017-NCLT-00981
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/swiber-offshore-india-pvt-ltd-cp-no-05-i-bp-nclt-mah-2017-5a0750ae

## Summary

### Background

Astra Offshore Sdn Bhd, an operational creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Swiber Offshore (India) Pvt. Ltd., the corporate debtor. The petition was filed without the required certificate from the Financial Institution confirming the non-payment of the operational debt by the corporate debtor, as mandated by Section 9(2)(c) of the Code. The bench had previously granted time to furnish the document, but the counsel failed to do so.

## Facts

Astra Offshore Sdn Bhd, an operational creditor, initiated insolvency proceedings against Swiber Offshore (India) Pvt. Ltd., the corporate debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The petition was filed without the mandatory certificate from the Financial Institution confirming the non-payment of the operational debt. The operational creditor's counsel argued that obtaining the certificate was impossible because the creditor's bank was located outside India. The court noted that the certificate is a mandatory requirement under Section 9(3)(c) of the Code.

## Issues and analysis

### Issue 1: Whether the petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, can be admitted …

**Ratio:** The Insolvency and Bankruptcy Code mandates the filing of a certificate from the

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**Reasoning:** The court reasoned that Section 9(3)(c) of the Code explicitly requires the operational

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**Interpretation:** Section 9 of the Insolvency and Bankruptcy Code is interpreted strictly,

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**Application:** In this case, the operational creditor, Astra Offshore Sdn Bhd, failed to

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## Parties

- **Judges:** B.S.V. Prakash…; V. Nallasen…
- **Appellants:** Astra Offshore…
- **Respondents:** Swiber Offshore…
- **Advocates:** Ashwin Sh…

## Timeline

- **2017-01-30 — Order Pron…**: The order was heard and…

## 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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