# In the matter of McNally Bharat Engg Co. Limited IA.(I.B.C.)No.1657-(KB)-2022 In C.P.(I.B.)No.891-(KB)-2020

> NCLT judgment dated 2023-04-21. Citation: TCN-2023-NCLT-03682. Steel Authority of India Limited (SAIL), an Operational Creditor, filed an application under…

- **Court:** NCLT
- **Order date:** 21 Apr 2023
- **Citation:** TCN-2023-NCLT-03682
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/mcnally-bharat-engg-co-limited-iaibcno1657-kb-2022-in-cpibno891-kb-2020-0eb99237

## Summary

### Background

Steel Authority of India Limited (SAIL), an Operational Creditor, filed an application under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, seeking permission from the NCLT to continue arbitration proceedings against McNally Bharat Engineering Company Limited, the Corporate Debtor. The Financial Creditor had previously filed an application under Section 7 of the IBC against the Corporate Debtor, which was admitted on 29.04.2022. The arbitration proceedings commenced due to disputes arising from an arbitration agreement dated 22.09.2012. SAIL terminated the contract on 20.05.2016 due to the Corporate Debtor's failure to mobilize resources and adhere to specified timelines.

## Facts

Steel Authority of India Limited (SAIL), acting as an Operational Creditor, initiated arbitration proceedings against McNally Bharat Engineering Company Limited (MBECL), the Corporate Debtor, due to disputes arising from a contract dated 22.09.2012. SAIL terminated the contract on 20.05.2016 because MBECL failed to mobilize resources and adhere to the contract's timelines. Subsequently, a Financial Creditor filed an application under Section 7 of the Insolvency and Bankruptcy Code (IBC) against MBECL, which was admitted on 29.04.2022, triggering a moratorium under Section 14 of the IBC. SAIL then filed an application under Section 60(5) of the IBC seeking permission to continue the arbitration proceedings despite the moratorium. SAIL argued that its claim should be

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## Issues and analysis

### Issue 1: Whether the arbitral proceedings can continue in view of the moratorium under Section 14 of the …

**Ratio:** Section 14(1)(a) of the Insolvency and Bankruptcy Code, 2016, imposes a moratorium that

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**Reasoning:** The NCLT relied on the Supreme Court's judgment in Alchemist Asset Reconstruction Pvt Ltd

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**Interpretation:** Section 14 of the IBC is interpreted to provide a standstill period during the

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**Application:** In this case, the NCLT applied the ratio of Section 14(1)(a) and the Supreme

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## Parties

- **Judges:** RohitKa…; Balraj…
- **Appellants:** Steel Authority…
- **Respondents:** McNally Bharat…; Ravi Se…

## Timeline

- **2012-09-22 — Arbitration A…**: Arbitration agreement entered into between…
- **2016-05-20 — Contract Term…**: The Applicant terminated the contract with the Corporate Debtor due to non-adherence to…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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