Transmission Corporation of Andhra Pradesh Limited vs Equipment Conductors and Cables Limited
[2018] 13 S.C.R. 1067; 2018 INSC 980
Coram: Hon’ble Justice A.K. Sikri and Hon’ble Justice Ashok Bhushan
Forum: Hon’ble Supreme Court of India
Case No.: Civil Appeal No. 9597 of 2018
Date of Decision: 23 October, 2018
Conclusion

Facts:
- Transmission Corporation of Andhra Pradesh Limited, a government entity involved in electricity transmission, was the Appellant.
- Equipment Conductors and Cables Limited, a contractor engaged in the supply of goods and services, was the Respondent.
- Disputes arose regarding unpaid dues related to invoices no. 1 to 82, leading to arbitration proceedings initiated by the Respondent.
- The Haryana Micro and Small Enterprises Facilitation Council issued an award on June 21, 2010, rejecting claims related to Invoice Nos. 1-57 as time-barred and allowing claims for Invoice Nos. 58-82 in favor of the respondent.
- The Respondent filed an application under Section 34 of the Arbitration and Conciliation Act, 1996, which the Additional District Judge allowed on August 28, 2014, remanding the matter to the Arbitral Council for fresh consideration.
- The Appellant challenged the remand order, and the High Court of Punjab and Haryana set it aside on January 29, 2016, upholding the claims under Invoice Nos. 1-57 were time-barred.
- The Respondent filed a review application against the order dated August 28, 2014, and an execution petition under Order XXI Rule 21 CPC, seeking enforcement of the award for both Invoice Nos. 1-57 and 58-82.
- The Respondent’s review application was dismissed on August 27, 2015, and their execution petition was partially entertained, but the High Court of Judicature at Hyderabad, on November 8, 2016, ruled that there was no executable award for Invoice Nos. 1-57.
- The Respondent filed a company petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, before the NCLT, Hyderabad, claiming ₹45,69,31,233/- which the NCLT dismissed on April 9, 2018, finding no tenable claims.
- The aggrieved Respondent appealed to the NCLAT, which issued an interim order on September 4, 2018, noting a prima facie case and directing the Appellant to settle the claims or face insolvency proceedings.
- Hence, the Appellant filed the present case before this court, challenging the NCLAT's order.
Main Issue:
- Can the Insolvency & Bankruptcy Code, 2016 be invoked in a fundamental dispute over the debt?
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