# In the matter of New Steel Trading Pvt. Ltd.

> NCLT judgment dated 2024-01-11. Citation: TCN-2024-NCLT-03154. The Applicants, operational creditors of the Corporate Debtor, filed an application seeking to…

- **Court:** NCLT
- **Order date:** 11 Jan 2024
- **Citation:** TCN-2024-NCLT-03154
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/new-steel-trading-pvt-ltd-21f1821a

## Summary

### Background

The Applicants, operational creditors of the Corporate Debtor, filed an application seeking to convert their debt from operational debt to financial debt under Section 60(5) of the Insolvency and Bankruptcy Code, 2016. They also sought directions for a forensic audit of the Corporate Debtor, directions regarding extortionate credit transactions, and action under sections 65 and 66 of the Code for malicious intention of proceedings and wrongful trading. The applicants claimed that the credit facility provided to the Corporate Debtor was through purchases having a commercial effect of borrowing, thus qualifying as financial debt. The applicants also alleged a conspiracy between the Financial Creditor and the Corporate Debtor in initiating the insolvency proceedings.

## Facts

M/s Shah Scrap Corporation, M/s. U. S. Enterprises, and M/s Shah Enterprises (the Applicants) supplied scrap materials to New Steel Trading Private Limited (the Corporate Debtor). The value of the supplied materials was Rs. 39,06,27,368/-, Rs. 35,10,65,060/-, and Rs. 42,89,01,749/- respectively. The Corporate Debtor defaulted in paying amounts of Rs. 9,67,13,409/-, Rs. 2,38,00,425/-, and Rs.1,93,11,341/- respectively to the Applicants. The Applicants filed claims as operational creditors in the CIRP, and their claims aggregating to Rs. 13,98,25,175/- were admitted by the Resolution Professional as operational debts. The Applicants later sought to convert their debt into financial debt, arguing that the credit facility provided to the Corporate Debtor had a commercial

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## Issues and analysis

### Issue 1: Whether the debt of the Applicants can be categorized as financial debt under Section 5(8) of the …

**Ratio:** Section 5(8) of the I&B Code defines 'financial debt' as a debt disbursed against the

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**Reasoning:** The Tribunal reasoned that the transaction between the Applicants and the Corporate

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**Interpretation:** The Tribunal interpreted the definitions of financial debt and operational debt

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**Application:** The Tribunal applied the definitions of financial debt and operational debt to

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## Parties

- **Judges:** LAKSHMI G…; Charanjeet Singh…
- **Appellants:** M/s. Shah Scrap…
- **Respondents:** M/s. New Steel…
- **Advocates:** Akshay P…; Aniket…; +1 more

## Timeline

- **2021-12-16 — Admission in…**: The Corporate Debtor, New Steel Trading Private Limited, was admitted into Corporate…
- **2022-02-22 — Submission of…**: The Applicants herein had submitted their claims to the Resolution Professional on…

## 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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