# In the matter of MBE Coal & Mineral Technology India Pvt. Ltd.

> NCLT judgment dated 2023-09-12. Citation: TCN-2023-NCLT-01664. This is a Company Petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016,…

- **Court:** NCLT
- **Order date:** 12 Sept 2023
- **Citation:** TCN-2023-NCLT-01664
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/mbe-coal-mineral-technology-india-pvt-ltd-6ceac523

## Summary

### Background

This is a Company Petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016, by SS Legacy Engineers Private Limited ("Operational Creditor") against MBE Coal & Mineral Technology India Private Limited ("Corporate Debtor"). The Operational Creditor seeks to initiate Corporate Insolvency Resolution Process ("CIRP") against the Corporate Debtor due to unpaid operational debt.

## Facts

SS Legacy Engineers Pvt. Ltd. (Operational Creditor) filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against MBE Coal & Mineral Technology India Pvt. Ltd. (Corporate Debtor). The Operational Creditor claimed that the Corporate Debtor defaulted on a payment of Rs. 1,08,94,132/- along with interest @ 18% per annum from 25.12.2021. The Corporate Debtor had placed two purchase orders with the Operational Creditor, who fulfilled them and raised invoices. Despite receiving services, the Corporate Debtor only paid a portion of the amount, leaving a balance of Rs. 1,08,94,132/-. The Operational Creditor issued a demand notice, but the Corporate Debtor did not respond. The Corporate

…

## Issues and analysis

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

**Ratio:** The application under Section 9 of the IBC can be admitted if there is a debt and a

…

**Reasoning:** The NCLT found that the Corporate Debtor admitted to engaging the Operational Creditor

…

**Interpretation:** Section 9 of the IBC allows an operational creditor to initiate CIRP against a

…

**Application:** The NCLT applied the principles of Section 9 of the IBC to the facts of the

…

## Parties

- **Judges:** BIDISHA BA…; Balraj…
- **Appellants:** SS Legacy…
- **Respondents:** MBE Coal &…

## Timeline

- **2015-05-19 — Purchase…**: Corporate Debtor placed purchase order no.…
- **2018-02-02 — Purchase…**: Corporate Debtor placed purchase order no.…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

---

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/mbe-coal-mineral-technology-india-pvt-ltd-6ceac523