# In the matter of Gammon India Limited

> NCLT judgment dated 2024-04-03. Citation: TCN-2024-NCLT-01862. M/s. SK Indwel Linings Private Limited, the Operational Creditor, filed a Company Petition…

- **Court:** NCLT
- **Order date:** 3 Apr 2024
- **Citation:** TCN-2024-NCLT-01862
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/gammon-india-limited-0a7dbfd4

## Summary

### Background

M/s. SK Indwel Linings Private Limited, the Operational Creditor, filed a Company Petition under Section 9(1) of the Insolvency and Bankruptcy Code, 2016, seeking to initiate the Corporate Insolvency Resolution Process (CIRP) against Gammon India Limited, the Corporate Debtor. The Operational Creditor claimed an amount of Rs. 2,11,74,677/- as operational debt in default, including interest. The Corporate Debtor denied liability, contending that the debt was time-barred and disputing the authenticity of certain documents submitted by the Operational Creditor.

## Facts

M/s. SK Indwel Linings Private Limited (Operational Creditor) filed a petition against Gammon India Limited (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, claiming a default of Rs. 2,11,74,677/-. The claim included Rs. 71,16,851/- as principal and Rs. 1,40,57,826/- as interest. The principal amount comprised Rs. 10,40,723/- due to retention money and Rs. 60,76,128/- due to outstanding invoices. The Operational Creditor issued invoices between 28.09.2011 and 13.03.2013, which remained unpaid. The date of default was stated as 28/10/2011, and the date of last payment as 20/05/2014. The Operational Creditor served a demand notice dated 27th March, 2018. The Corporate Debtor denied liability, claiming the debt was time-barred and disputing

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## Issues and analysis

### Issue 1: Whether the Operational Creditor has established the existence of an operational debt due and …

**Ratio:** The operational debt must be clearly established and proven to be due and payable by the

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**Reasoning:** The NCLT found that the Operational Creditor failed to provide sufficient evidence to

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**Interpretation:** The existence of an operational debt requires clear and unambiguous evidence,

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**Application:** In this case, the Operational Creditor failed to provide sufficient evidence to

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## Parties

- **Judges:** ANIL RAJ C…; Kuldip Kumar…
- **Appellants:** SK Indwel Linings…
- **Respondents:** Gammon India…

## Timeline

- **2011-09-28 — Invoice…**: First invoice raised by…
- **2013-03-13 — Invoice…**: Last invoice raised by…

## 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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