# In the matter of Sigma-C Infrastructure Private Limited C.P (IB) No.76-KB-2021

> NCLT judgment dated 2023-02-08. Citation: TCN-2023-NCLT-04717. The case involves an application under Section 9 of the Insolvency and Bankruptcy Code, 2016,…

- **Court:** NCLT
- **Order date:** 8 Feb 2023
- **Citation:** TCN-2023-NCLT-04717
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/sigma-c-infrastructure-private-limited-cp-ib-no76-kb-2021-11d200be

## Summary

### Background

The case involves an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, filed by ABB Power Products and Systems India Limited ("Operational Creditor") against Sigma-C Infrastructure Private Limited ("Corporate Debtor") to initiate the Corporate Insolvency Resolution Process (CIRP). The Operational Creditor claims that the Corporate Debtor failed to make payment of Rs. 10,10,88,798/-, which includes principal and interest. The Corporate Debtor allegedly issued purchase orders for the supply of GIS and other equipment, but disputes arose regarding the quality and quantity of materials supplied, leading to non-payment.

## Facts

ABB Power Products and Systems India Limited (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Sigma-C Infrastructure Private Limited (Corporate Debtor). The Operational Creditor claimed a default of Rs. 10,10,88,798/- (including principal and interest). The Corporate Debtor had issued six purchase orders to ABB India Limited (whose power grid business was later demerged into the Operational Creditor) for the supply of GIS and other equipment. Three of these purchase orders were amended over time. The Operational Creditor submitted invoices for Rs. 8,13,85,345/- to the Corporate Debtor. The Corporate Debtor made partial payments totaling Rs.

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## Issues and analysis

### Issue 1: Whether this petition has been duly …

**Ratio:** A company is a juristic person and acts through its directors, who are collectively

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**Reasoning:** The court considered the Corporate Debtor's allegation that the deponent, Mr. Debabrata

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**Interpretation:** The court interpreted the Board Resolution and the specific power of attorney

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**Application:** The court applied the legal principles to the facts of the case, finding that

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## Parties

- **Judges:** BIDISHA BA…; Balraj…
- **Appellants:** ABB Power…
- **Respondents:** Sigma-C Infrastruc…

## Timeline

- **2020-10-26 — Demand Notice…**: Operational Creditor issued a demand notice to the Corporate Debtor under Section 8 of…
- **2021-02-26 — Petition…**: The present petition was filed…

## 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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