# In the matter of NCC Limited

> NCLT judgment dated 2023-11-23. Citation: TCN-2023-NCLT-00585. M/s. Akash Electrotek Engineers Private Limited, the Operational Creditor, filed an application…

- **Court:** NCLT
- **Order date:** 23 Nov 2023
- **Citation:** TCN-2023-NCLT-00585
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/ncc-limited-9ae4dd30

## Summary

### Background

M/s. Akash Electrotek Engineers Private Limited, the Operational Creditor, filed an application to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s. NCC Limited (Respondent-1) and M/s. Airport Authority of India (AAI) (Respondent-2) for alleged default in discharging a debt. The Petitioner was contracted by Respondent-1 for electrical work at Lucknow Airport, which was commissioned by Respondent-2. A tripartite agreement was executed between the parties. The Petitioner claimed to have completed 95% of the work, but the Respondents failed to settle the outstanding payments. The Airport Authority of India (AAI) commenced privatization, and Adani Group took over the management of Lucknow Airport. The Petitioner communicated with Respondent-2 and

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## Facts

M/s. Akash Electrotek Engineers Private Limited (Petitioner) is an operational creditor. M/s. NCC Limited (Respondent-1) and M/s. Airport Authority of India (AAI) (Respondent-2) are the respondents. The Petitioner was contracted by Respondent-1 for electrical work at Lucknow Airport, commissioned by Respondent-2. A tripartite agreement was executed. The Petitioner claims to have completed 95% of the work, but the Respondents failed to settle outstanding payments of Rs 1.68 crore. Respondent-2 commenced privatization, and Adani Group took over the management of Lucknow Airport. The Petitioner communicated with Respondent-2 and Adani Group regarding payments, but no resolution was achieved. The Petitioner issued a demand notice under Section 8 of the IBC. Respondent-1

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## Issues and analysis

### Issue 1: Whether the application under Section 9 of the IBC is maintainable against the Airport Authority of …

**Ratio:** Section 3(7) of the IBC

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**Reasoning:** The court reasoned that AAI, being a statutory body created under the Airport Authority

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**Interpretation:** The term 'corporate person' under the IBC does not include statutory bodies

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**Application:** Since AAI is the main party against whom the application is directed, the

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## Parties

- **Judges:** Rajeev Bh…; Sanjay…
- **Appellants:** Akash Electrotek…
- **Respondents:** NCC…

## Timeline

- **2018-08-30 — Contract A…**: Respondent-2 awarded a contract to…
- **2019-02-27 — Petitioner Ap…**: Respondent-1 appointed the Petitioner as…

## 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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