# In the matter of Shrushti Contech Pvt. Ltd. vs. V. A. Tech Wabag Ltd.

> NCLAT judgment dated 2025-07-25. Citation: TCN-2025-NCLAT-00414. The Appellant, an Operational Creditor, was awarded a work contract by the Corporate Debtor,…

- **Court:** NCLAT
- **Order date:** 25 Jul 2025
- **Citation:** TCN-2025-NCLAT-00414
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-chennai/shrushti-contech-pvt-ltd-vs-v-a-tech-wabag-ltd-dab0bbf7

## Summary

### Background

The Appellant, an Operational Creditor, was awarded a work contract by the Corporate Debtor, V A Tech Wabag Ltd. for civil works related to a Plant Water system. The work order was amended, and a Completion Certificate was issued. However, the Corporate Debtor allegedly restricted the Appellant's access to the site and failed to pay outstanding dues despite correspondences and meetings.

## Facts

Shrushti Contech Private Limited (Appellant) was awarded a work contract by V A Tech Wabag Limited (Respondent/Corporate Debtor).

The work contract was for civil works for a Plant Water system.

A Completion Certificate was issued on 23.04.2015.

The Appellant claims the Corporate Debtor restricted access to the site and failed to pay outstanding dues.

The Appellant filed a Section 9 application under the I&B Code, which was dismissed by the NCLT.

The NCLT dismissed the application due to limitation and the existence of a pre-existing dispute.

The Appellant contends that the Corporate Debtor acknowledged the debt in various correspondences and auditor's reports.

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## Issues and analysis

### Issue 1: Whether the NCLT erred in dismissing the Section …

**Ratio:** The date of default as given in the notice under Section 8 issued in the shape of Form 3

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**Reasoning:** The Tribunal held that the date of default, as mentioned in the notice under Section 8 of

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**Interpretation:** The limitation period for filing a Section 9 application is calculated from the

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**Application:** In this case, the Tribunal found that the alleged acknowledgments of debt were

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## Parties

- **Judges:** Sharad Kumar…; Jatindranat…
- **Appellants:** Shrushti Contech…
- **Respondents:** V A Tech Wabag…
- **Advocates:** K.K. Vijay…; Neeraj…; +1 more

## Timeline

- **2014-06-06 — Work Orde…**: Work order No. MBG-PO-15481/10P5M was…
- **2015-02-12 — Amended Work O…**: The work order was amended vide…

## 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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