# 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-04710. ABB Power Products and Systems India Limited filed a Company Petition under Section 9 of the…

- **Court:** NCLT
- **Order date:** 8 Feb 2023
- **Citation:** TCN-2023-NCLT-04710
- **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-c46b564c

## Summary

### Background

ABB Power Products and Systems India Limited filed a Company Petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Sigma-C Infrastructure Private Limited, the Corporate Debtor. The Operational Creditor claimed that the Corporate Debtor failed to make a payment of Rs. 10,10,88,798/-, including principal and interest. The Corporate Debtor allegedly issued six purchase orders for the supply of GIS and other equipment, but only a partial payment was made. The Operational Creditor issued a demand notice on 26 October, 2020, which the Corporate Debtor allegedly did not reply to.

## Facts

ABB Power Products and Systems India Limited (Operational Creditor) filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Sigma-C Infrastructure Private Limited (Corporate Debtor) seeking to initiate CIRP. The Operational Creditor claimed that the Corporate Debtor defaulted on a payment of Rs. 10,10,88,798/-, comprising principal (Rs. 7,32,51,745/-) and interest (Rs. 2,78,37,053/-). The Corporate Debtor issued six purchase orders for the supply of GIS and other equipment. Three purchase orders were amended over time and related to the power grid business. After a demerger, the power grid business of ABB India Limited was transferred to the Operational Creditor. The Corporate Debtor received the equipment without dispute. As per the

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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. An individual director has

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**Reasoning:** The court considered the arguments regarding the power of attorney and sub-delegation of

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**Interpretation:** The court interpreted the legal principles regarding the authority of

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**Application:** The court applied these principles to the facts of the case, finding that Mr.

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## Parties

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

## Timeline

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

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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