# In the matter of Gammon India Limited

> NCLT judgment dated 2023-11-09. Citation: TCN-2023-NCLT-00816. The case involves a petition filed by Mr. Deepak Kumar Dash, an Operational Creditor, against…

- **Court:** NCLT
- **Order date:** 9 Nov 2023
- **Citation:** TCN-2023-NCLT-00816
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/gammon-india-limited-69c8850a

## Summary

### Background

The case involves a petition filed by Mr. Deepak Kumar Dash, an Operational Creditor, against Gammon India Limited, the Corporate Debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP). The Operational Creditor claimed a default amount of Rs. 59,62,507 as of 08/11/2015, along with an additional interest of Rs. 16,99,315 from 08/11/2015 to 07/06/2017, aggregating the total claim to Rs. 76,61,822. The Operational Creditor supplied labor/workforce to the Corporate Debtor for its Chennai Metro Rail Project. The Corporate Debtor retained 5% amount towards retention money. The Operational Creditor issued a winding-up notice dated 16/09/2016 and another notice dated 08/06/2017 after the

…

## Facts

Mr. Deepak Kumar Dash, an Operational Creditor, filed a petition against Gammon India Limited, the Corporate Debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP). The Operational Creditor claimed a default amount of Rs. 59,62,507 as of 08/11/2015, along with an additional interest of Rs. 16,99,315 from 08/11/2015 to 07/06/2017, aggregating the total claim to Rs. 76,61,822. The Operational Creditor supplied labor/workforce to the Corporate Debtor for its Chennai Metro Rail Project. The Corporate Debtor retained 5% amount towards retention money. The Corporate Debtor issued a confirmation letter on 29th September, 2015, confirming the amount payable. The Corporate Debtor made a part

…

## Issues and analysis

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

**Ratio:** The existence of an operational debt must be proven with sufficient evidence, including

…

**Reasoning:** The NCLT found that the Operational Creditor had not placed on record any invoice, work

…

**Interpretation:** The court interpreted that the burden of proof lies on the operational creditor

…

**Application:** The Operational Creditor failed to provide sufficient evidence to establish the

…

## Parties

- **Judges:** ANIL RAJ C…; Kuldip Kumar…
- **Appellants:** Deepak Kuma…
- **Respondents:** Gammon India…

## Timeline

- **2015-07-13 — Contract Term…**: The contract between the Operational Creditor…
- **2015-09-29 — Confirmation…**: The Corporate Debtor issued a confirmation letter confirming the amount payable to the…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/gammon-india-limited-69c8850a