# In the matter of Orbiigo Heavy Lifters Private Limited

> NCLT judgment dated 2024-02-16. Citation: TCN-2024-NCLT-02560. ETC-ENERGY THERAPY CO. PRIVATE LIMITED, the operational creditor, filed a Company Petition…

- **Court:** NCLT
- **Order date:** 16 Feb 2024
- **Citation:** TCN-2024-NCLT-02560
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/orbiigo-heavy-lifters-private-limited-c370263d

## Summary

### Background

ETC-ENERGY THERAPY CO. PRIVATE LIMITED, the operational creditor, filed a Company Petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against ORBIIGO HEAVY LIFTERS PRIVATE LIMITED (formerly known as Ptraans Logistics (India) Private Limited), the corporate debtor. The petition was filed for an operational debt of Rs. 1,66,16,340/- along with interest at 18% p.a. The dates of default were specified as 18.10.2021, 26.11.2021, 22.01.2022, 20.02.2022, 27.03.2022, and 19.04.2022. A demand notice was served on 04.04.2023, but the corporate debtor neither replied nor paid the outstanding dues.

## Facts

ETC-ENERGY THERAPY CO. PRIVATE LIMITED (Operational Creditor) is in the business of contracting Civil Work and construction work. ORBIIGO HEAVY LIFTERS PRIVATE LIMITED (Corporate Debtor) contacted the Operational Creditor for office repair and maintenance work. The Operational Creditor submitted a quotation of Rs. 1,37,51,962/- on 26.07.2021. The Corporate Debtor issued Work Order no. WO/003/21-22 dated 27.07.2021. Work commenced on 10.08.2021 and was completed within the agreed timeframe. The Operational Creditor raised monthly invoices. The Corporate Debtor assured timely payment. The work was completed by the 3rd week of January 2022. The total invoices amounted to Rs. 1,37,51,962/-. No dispute regarding service quality was raised. The invoices stipulated payment

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## Issues and analysis

### Issue 1: Whether the Operational Creditor has proven the existence of debt and default on the part of the …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016, allows an operational creditor to

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**Reasoning:** The court reasoned that the operational creditor had submitted sufficient evidence,

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**Interpretation:** The court interpreted Section 9 of the IBC to mean that if an operational

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**Application:** In this case, the court applied the ratio and reasoning to the specific facts,

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## Parties

- **Judges:** Reeta K…; SANJIV…
- **Appellants:** ETC-ENERGY…
- **Respondents:** ORBIIGO HEAVY…
- **Advocates:** Prakhar T…

## Timeline

- **2021-07-26 — Quotation Sub…**: The Operational Creditor submitted a quotation amounting to Rs.1,37,51,962/- to the…
- **2021-07-27 — Work Order…**: The Corporate Debtor issued Work Order no. WO/003/21-22 in favor of the Operational…

## 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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