The NCLAT has ruled to classify a ₹8 crore consortium payment as operational debt, allowing an application for insolvency under Section 9.
NCLAT Reclassifies ₹8 Crore Payment
The NCLAT has reclassified a consortium payment of ₹8 crore as operational debt, admitting a Section 9 insolvency plea. This ruling clarifies that consortium agreements for project execution do not inherently establish an operational creditor-debtor relationship without concrete documentation of the goods or services provided.
The tribunal emphasized the need for clear evidence to differentiate between operational and non-operational debts. By admitting the plea, NCLAT sends a strong message regarding the necessity of due diligence in financial agreements, especially those involving consortia.
Practitioners should be aware of this ruling as it could significantly impact how consortium payments are treated in future insolvency cases, highlighting the importance of thorough documentation to support claims related to operational debts under the IBC.
Citations
- NCLAT (2026) Appeal 421/2026


