# In the matter of OFFSHORE INFRASTRUCTURES LIMITED

> NCLT judgment dated 2025-03-11. Citation: TCN-2025-NCLT-00377. Infraweld Services, the Operational Creditor, filed an application under Section 9 of the…

- **Court:** NCLT
- **Order date:** 11 Mar 2025
- **Citation:** TCN-2025-NCLT-00377
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/offshore-infrastructures-limited-3ecf6177

## Summary

### Background

Infraweld Services, the Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Offshore Infrastructures Limited, the Corporate Debtor, due to unpaid operational debt. The Operational Creditor claimed that the Corporate Debtor failed to pay dues for engineering and construction materials supplied between April 2018 and February 2020. The Corporate Debtor disputed the claim, alleging deficiency of services, negligence in delivery, and disputes among the partners of the Operational Creditor. Vijay Shriram Lanjewar, a former partner of the Operational Creditor, filed an application to be impleaded as a party, claiming fraudulent expulsion from the partnership.

## Facts

Infraweld Services, an Operational Creditor, supplied engineering and construction materials to Offshore Infrastructures Limited, a Corporate Debtor, between April 2018 and February 2020. The Corporate Debtor failed to pay the outstanding amount of Rs. 2,38,15,673/-, leading the Operational Creditor to issue a demand notice on 19.11.2021. The Corporate Debtor replied on 01.12.2021, denying liability and raising disputes regarding deficiency of services and negligence in delivery. The Operational Creditor filed an application under Section 9 of the IBC to initiate CIRP. The Corporate Debtor claimed that the Operational Creditor was an unregistered partnership firm and that disputes existed among its partners, including allegations of a forged retirement deed involving

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## Issues and analysis

### Issue 1: Whether the application filed by the Operational Creditor, an unregistered partnership firm, is …

**Ratio:** An application under the IBC is a 'proceeding' and not a 'suit'. Section 69(2) of the

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**Reasoning:** The NCLT relied on the Supreme Court's judgments in B.K.Educational Services Pvt. Ltd.

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**Interpretation:** The term 'proceeding' under the IBC is distinct from a 'suit' under the Indian

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**Application:** The NCLT held that the application filed by Infraweld Services, an unregistered

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## Parties

- **Judges:** K. R. SAJI…; SANJIV…
- **Appellants:** Infraweld S…
- **Respondents:** Offshore Infrastru…

## Timeline

- **2018-04-01 — Supply of Ma…**: Operational Creditor supplied engineering and…
- **2020-02-01 — End of S…**: Operational Creditor ceased…

## 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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