# In the matter of Triumvirate Sorority Private Limited

> NCLT judgment dated 2023-11-21. Citation: TCN-2023-NCLT-00681. The Operational Creditor (OC), Global Wind Infrastructure and Services Private Limited, filed a…

- **Court:** NCLT
- **Order date:** 21 Nov 2023
- **Citation:** TCN-2023-NCLT-00681
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/triumvirate-sorority-private-limited-9dbc7256

## Summary

### Background

The Operational Creditor (OC), Global Wind Infrastructure and Services Private Limited, filed a Company Petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) against Triumvirate Sorority Private Limited, the Corporate Debtor (CD), for initiating Corporate Insolvency Resolution Process (CIRP). The application was filed due to a default of Rs. 2,88,08,385/- for the period from 30.06.2021 to 30.06.2023, based on unpaid invoices for operation and maintenance services of the CD's Wind Turbine Generators (WTGs). The OC claims that the CD acknowledged the debt but failed to make payments despite reminders.

## Facts

Global Wind Infrastructure and Services Private Limited (Operational Creditor) filed a petition against Triumvirate Sorority Private Limited (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, due to unpaid operational debt. The debt amounted to Rs. 2,88,08,385/- for the period 30.06.2021 to 30.06.2023, arising from unpaid invoices for operation and maintenance services of wind farm projects. The Operational Creditor (OC) had an agreement with the Corporate Debtor (CD) for these services, which the CD acknowledged but failed to pay for, citing a lack of funds. The OC issued a demand notice on 01.07.2023, which the CD received on 03.07.2023, but did not respond to or make any payments. The CD admitted the debt in its Affidavit-in-Reply but

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## Issues and analysis

### Issue 1: Whether the application under …

**Ratio:** Section 9 of the IBC allows an operational creditor to initiate CIRP if there is an

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**Reasoning:** The court found that the application was filed within the period of three years from the

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**Interpretation:** Section 9 of the IBC, read with the Limitation Act, sets the framework for the

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**Application:** The court applied the ratio to the facts and determined that the application

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## Parties

- **Judges:** K. R. SAJI…; Madhu S…
- **Appellants:** Global Wind…
- **Respondents:** Triumvirate…

## Timeline

- **2009-01-01 — Initial Contractual…**: The Operational Creditor (OC) began rendering services to the Corporate Debtor (CD) as…
- **2015-09-28 — Merger of Corporate…**: AAA Pivotal Enterprises Private Limited merged with four other private companies related…

## 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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