# In the matter of Shyama Power India Limited

> NCLT judgment dated 2023-12-11. Citation: TCN-2023-NCLT-00322. The case involves an application filed by Sugana Ram Jat, Proprietor of M/s. Kamakhya Infra…

- **Court:** NCLT
- **Order date:** 11 Dec 2023
- **Citation:** TCN-2023-NCLT-00322
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/shyama-power-india-limited-109c64de

## Summary

### Background

The case involves an application filed by Sugana Ram Jat, Proprietor of M/s. Kamakhya Infra Power, an Operational Creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process against M/s. Shyama Power India Ltd., the Corporate Debtor. The Operational Creditor claimed a default of Rs. 2,71,37,451/-. The Corporate Debtor contested the application, asserting the existence of pre-existing disputes and statutory infirmities in the application.

## Facts

Sugana Ram Jat, operating as M/s Kamakhya Infra Power, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against M/s Shyama Power India Ltd. The applicant, an operational creditor, claimed a default of Rs. 2,71,37,451/-. The operational creditor was engaged in civil works contracts, including benching, excavation, and casting of foundations. The corporate debtor, a private limited company, had engaged the operational creditor for execution of civil work. The corporate debtor placed work orders with the operational creditor. The last payment received by the operational creditor was on 2021-09-24. The corporate debtor claimed pre-existing disputes, stating that the operational creditor failed to provide Joint Measurement Certificates

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## Issues and analysis

### Issue 1: Whether there exists a pre-existing dispute between the Operational Creditor and the Corporate …

**Ratio:** Section 9(5)(ii)(d) of the IBC, 2016 bars an application if there exists a genuine

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**Reasoning:** The Adjudicating Authority considered the communications between the parties, including

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**Interpretation:** The existence of a genuine pre-existing dispute, not spurious, hypothetical, or

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**Application:** In this case, the court found that the disputes over the quality of work, the

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## Parties

- **Judges:** H.V. Subb…; Satya Ranjan…
- **Appellants:** Sugana Ra…
- **Respondents:** M/s Shyama Power…

## Timeline

- **2016-01-01 — Work Orders…**: Work orders were issued to the…
- **2018-01-01 — Work Orders…**: Work orders were issued to the…

## 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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