# Amarendra Mohapatra  (Suspended Director of ASB Energy Systems and Construction Pvt. Ltd.) vs. Daga Power Systems & Engineers Pvt. Ltd. & Anr.

> NCLAT judgment dated 4 May 2026. Citation: TCN-2026-NCLAT-00149. This appeal was filed by Amarendra Mohapatra, a suspended director of ASB Energy Systems and…

- **Court:** NCLAT
- **Order date:** 4 May 2026
- **Citation:** TCN-2026-NCLAT-00149
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/amarendra-mohapatra-suspended-director-of-asb-energy-systems-and-construction-pv-i1ibe

## Summary

### Background

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.

## Facts

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.

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## Issues and analysis

### Issue 1: Whether the relationship between the Corporate Debtor and Operational Creditor was solely that of …

**Ratio:** Even if parties initially form a Joint Venture/Consortium, specific internal agreements

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**Reasoning:** The NCLAT observed that while a JV Agreement with OPTCL existed, an Internal Agreement

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**Interpretation:** The NCLAT distinguished the facts from precedent cases where the relationship

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**Application:** The Corporate Debtor's letter dated 21.10.2022 explicitly acknowledged a

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Amarendra…
- **Respondents:** ASB Energy…; Daga Power…; +1 more
- **Other parties:** Insolvency and…; Operationa…; +7 more
- **Advocates:** Abhijeet…; Milan Sing…; +6 more

## Timeline

- **2018-08-20 — Letter of Awar…**: OPTCL issued a Letter of Award to the Joint Venture formed by the Corporate Debtor and…
- **2019-01-04 — Internal Agreement…**: The Corporate Debtor and R-1 (Operational Creditor) entered into an Internal Agreement…

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This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/amarendra-mohapatra-suspended-director-of-asb-energy-systems-and-construction-pv-i1ibe