# In the matter of Ghanaram Infraengineers Pvt. Ltd.

> NCLT judgment dated 2024-05-07. Citation: TCN-2024-NCLT-01414. The case involves an application filed by Shekhar Sarawagi, the sole proprietor of M/s Ado…

- **Court:** NCLT
- **Order date:** 7 May 2024
- **Citation:** TCN-2024-NCLT-01414
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/ghanaram-infraengineers-pvt-ltd-cd3964cf

## Summary

### Background

The case involves an application filed by Shekhar Sarawagi, the sole proprietor of M/s Ado Conmat India, under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Ghanaram Infraengineers Pvt. Ltd. The applicant claimed non-payment of an operational debt amounting to Rs. 5,92,95,099. The Corporate Debtor refuted the claim, alleging that there was a pre-existing dispute regarding the quality and completion of work, and also claimed that the application was barred by limitation.

## Facts

Shekhar Sarawagi, operating as M/s Ado Conmat India, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against Ghanaram Infraengineers Pvt. Ltd. for non-payment of an operational debt of Rs. 5,92,95,099. The application was based on two contract agreements dated 08.12.2011 and 16.12.2011 for the supply and erection of gate hoists as a sub-contract under the Construction of Ramganga Barrage. The petitioner claimed to have supplied equipment and raised invoices, but the corporate debtor delayed payments. The corporate debtor admitted to a total liability on 11.07.2017. However, the corporate debtor denied liability on 11.09.2018, leading to the petitioner issuing a legal

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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, even if not fully substantiated, is sufficient

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**Reasoning:** The court found that email exchanges between the parties indicated a dispute regarding

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**Interpretation:** The interpretation of 'dispute' under Section 9 of the IBC is broad,

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**Application:** In this case, the email exchanges and the Corporate Debtor's claim of

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## Parties

- **Judges:** MAHENDRA KHANDELWA…; Sanjeev R…
- **Appellants:** Shekhar Sa…
- **Respondents:** Ghanaram Infraengi…

## Timeline

- **2011-12-08 — Contract Agr…**: Petitioner and Corporate Debtor entered into two contract agreements for supply and…
- **2013-04-23 — Incorporation of…**: Ghanaram Infraengineers…

## 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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