This appeal was filed by Amarendra Mohapatra, a suspended director of ASB Energy Systems and Construction Pvt. Ltd. (Corporate Debtor), challenging an order dated 15.10.2025 passed by the Adjudicating Authority (National Company Law Tribunal, Cuttack Bench). The NCLT order admitted a Section 9 application filed by Daga Power Systems & Engineers Pvt. Ltd. (Operational Creditor). The core of the dispute revolved around whether the relationship between the Corporate Debtor and the Operational Creditor constituted an 'operational debt' under the IBC, or if they were merely Joint Venture (JV) partners. Additionally, the appellant argued that the claim was barred by Section 10A of the IBC and that a pre-existing dispute existed between the parties.
Amarendra Mohapatra, a suspended director of ASB Energy Systems and Construction Pvt. Ltd. (Corporate Debtor), filed an appeal against an NCLT order dated 15.10.2025.
The Adjudicating Authority (NCLT, Cuttack Bench) admitted a Section 9 application filed by Daga Power Systems & Engineers Pvt. Ltd. (Operational Creditor).
The Corporate Debtor (erstwhile M/s. SB Electro Structural) and R-1 Daga Power Systems & Engineers Pvt. Ltd. entered into a Joint Venture/Consortium Agreement to bid for a contract with Orissa Power Transmission Corporation Ltd. (OPTCL).
The work involved supply, erection, installation, testing, and commissioning of 132KV D/C four conductors lines.
The Corporate Debtor was the lead member of the consortium.
…Sign in to view the parties.
OPTCL issued a Letter of Award to the Joint…
The Corporate Debtor and R-1 (Operational…
Sign in to view related legal provisions.
This appeal was filed by Amarendra Mohapatra, a suspended director of ASB Energy Systems and Construction Pvt. Ltd. (Corporate Debtor), challenging an order dated 15.10.2025 passed by the Adjudicating Authority (National Company Law Tribunal, Cuttack Bench). The NCLT order admitted a Section 9 application filed by Daga Power Systems & Engineers Pvt. Ltd. (Operational Creditor). The core of the dispute revolved around whether the relationship between the Corporate Debtor and the Operational Creditor constituted an 'operational debt' under the IBC, or if they were merely Joint Venture (JV) partners. Additionally, the appellant argued that the claim was barred by Section 10A of the IBC and that a pre-existing dispute existed between the parties.
Amarendra Mohapatra, a suspended director of ASB Energy Systems and Construction Pvt. Ltd. (Corporate Debtor), filed an appeal against an NCLT order dated 15.10.2025.
The Adjudicating Authority (NCLT, Cuttack Bench) admitted a Section 9 application filed by Daga Power Systems & Engineers Pvt. Ltd. (Operational Creditor).
The Corporate Debtor (erstwhile M/s. SB Electro Structural) and R-1 Daga Power Systems & Engineers Pvt. Ltd. entered into a Joint Venture/Consortium Agreement to bid for a contract with Orissa Power Transmission Corporation Ltd. (OPTCL).
The work involved supply, erection, installation, testing, and commissioning of 132KV D/C four conductors lines.
The Corporate Debtor was the lead member of the consortium.
…OPTCL issued a Letter of Award to the Joint…
The Corporate Debtor and R-1 (Operational…
Sign in to view related legal provisions.