# In the matter of PME lnfratech Private Limited IA 967-2023 in C.P. (IB) No. 931-MB-2020

> NCLT judgment dated 2023-05-09. Citation: TCN-2023-NCLT-03438. The Operational Creditor filed an application under Section 9 of the Insolvency &…

- **Court:** NCLT
- **Order date:** 9 May 2023
- **Citation:** TCN-2023-NCLT-03438
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/pme-lnfratech-private-limited-ia-967-2023-in-cp-ib-no-931-mb-2020-696577d5

## Summary

### Background

The Operational Creditor filed an application under Section 9 of the Insolvency & Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process against the Corporate Debtor due to an alleged default in payment for supplied RF Modules.

## Facts

Melange Systems Private Limited, the Operational Creditor, filed an application under Section 9 of the Insolvency & Bankruptcy Code, 2016 (I&B Code) on July 11, 2020, to initiate Corporate Insolvency Resolution Process (CIRP) against PME Infratech Private Limited, the Corporate Debtor. The Operational Creditor claimed a default of Rs. 6,51,30,990/-, comprising a principal outstanding of Rs. 5,38,47,605/- and interest of Rs. 1,12,83,295/- at 18% until July 21, 2020. The debt fell due on various dates starting from December 4, 2018, with invoices due between January 18, 2019, and May 19, 2019. The Operational Creditor, a wireless networking company, supplied RF Modules to M/s Pal Mohan Electronics Pvt. Ltd. ("Pal Mohan") and the

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## Issues and analysis

### Issue 1: Whether there is an operational debt due and payable by the Corporate Debtor to the Operational …

**Ratio:** An operational debt exists and is due and payable when the Operational Creditor has

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**Reasoning:** The NCLT found that the Operational Creditor had supplied materials and Rs. 5,38,47,605/-

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**Interpretation:** The court interpreted the terms of the purchase order and the lack of evidence

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**Application:** The NCLT applied this interpretation to the facts, noting the absence of an

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## Parties

- **Judges:** Prabhat…; KISHORE VEMULAPALL…
- **Appellants:** Melange Systems…
- **Respondents:** PME Infratech…
- **Advocates:** For the Petitioner…; Ld. Cou…; +3 more

## Timeline

- **December 4, 2018 — Debt fel…**: The date from which debt fell due on different dates, as stated in Part IV of the…
- **January 18, 2019 — Invoices fe…**: Start of the period during…

## 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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