# In the matter of Mansfield Power & Infrastructure Private Limited (IB)-79(ND)2021

> NCLT judgment dated 2023-01-13. Citation: TCN-2023-NCLT-05040. The case involves an application filed by Mansfield Cable Company Limited, through its Interim…

- **Court:** NCLT
- **Order date:** 13 Jan 2023
- **Citation:** TCN-2023-NCLT-05040
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/mansfield-power-infrastructure-private-limited-ib-79nd2021-0d4acbfa

## Summary

### Background

The case involves an application filed by Mansfield Cable Company Limited, through its Interim Resolution Professional, under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate the Corporate Insolvency Resolution Process (CIRP) against Mansfield Cables Company & Infrastructure Private Limited. The applicant, acting as an operational creditor, claims that the respondent defaulted on payments for supplied steel cables. The applicant had previously been admitted into CIRP, which was later set aside by NCLAT. A subsequent CIRP was initiated against the applicant. The applicant claims the respondent owes Rs. 85,18,660/- plus interest at 18% per annum.

## Facts

Mansfield Cable Company Limited, acting through its Interim Resolution Professional, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Mansfield Cables Company & Infrastructure Private Limited, the Respondent. The Applicant claimed to be an operational creditor, asserting that the Respondent defaulted on payments for steel cables supplied. The Respondent was incorporated on 13.05.2010. The applicant had previously been admitted into CIRP, which was later set aside by NCLAT. A subsequent CIRP was initiated against the applicant. The applicant claims the respondent owes Rs. 85,18,660/- plus interest at 18% per annum. The applicant had raised five invoices dated 05.11.2016.

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the Insolvency and Bankruptcy Code, 2016, is complete …

**Ratio:** Section 9(5) of the IBC states that if the Adjudicating Authority is satisfied that the

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**Reasoning:** The court found that the application was complete and fulfilled all the requirements of

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**Interpretation:** Section 9 of the IBC outlines the procedure for an operational creditor to

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**Application:** The court applied Section 9(5) of the IBC to the facts of the case and found

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## Parties

- **Judges:** SH. ASHOK KUMAR…; SH. L. N.…
- **Appellants:** Mansfield Cable…
- **Respondents:** Mansfield Cables…

## Timeline

- **2010-05-13 — Incorporation of…**: Mansfield Cables Company &…
- **2016-11-05 — Invoices…**: Applicant raised five…

## 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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