# In the matter of Descent Buildwell LLP vs. Reliance Communications Infrastructure Ltd. & Ors.

> NCLAT judgment dated 2025-08-06. Citation: TCN-2025-NCLAT-00457. Descent Buildwell LLP filed an appeal challenging an order dated 25.04.2025 passed by the…

- **Court:** NCLAT
- **Order date:** 6 Aug 2025
- **Citation:** TCN-2025-NCLAT-00457
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/descent-buildwell-llp-vs-reliance-communications-infrastructure-ltd-ors-d7790dc1

## Summary

### Background

Descent Buildwell LLP filed an appeal challenging an order dated 25.04.2025 passed by the NCLT, Mumbai Bench, Court-I, in IA No.4611/2024. The IA was partly allowed, leading to the appeal.

## Facts

Descent Buildwell LLP entered into a Lease Deed with Reliance Communications Infrastructure Ltd. on 16.03.2016 for three years, commencing from 01.04.2016.

The Corporate Insolvency Resolution Process (CIRP) against Reliance Communications Infrastructure Ltd. commenced on 25.09.2019.

The Appellant filed a claim for lease rent from 25.09.2019 to 19.12.2023.

A Resolution Plan was approved by the CoC on 05.08.2021 and by the Adjudicating Authority on 19.12.2023.

IA No.4611 of 2024 was filed by the Appellant seeking payment of lease rent with 18% interest for the CIRP and post-CIRP periods.

The Adjudicating Authority treated the lease rent with effect from 25.09.2019 as CIRP cost and directed payment of electricity charges by the lessee. The IA was partly allowed.

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## Issues and analysis

### Issue 1: Whether the Appellant is entitled to claim interest at 18% on delayed lease rent payments during …

**Ratio:** The claim for interest on delayed payments cannot be sustained if the written contract

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**Reasoning:** The Tribunal relied on previous judgments, including Krishna Enterprises vs. Gammon India

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**Interpretation:** The absence of an explicit provision for interest in the Lease Deed and the

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**Application:** In this case, the Lease Deed did not contain any provision for payment of

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Descent Buildwell…
- **Respondents:** Reliance Communica…
- **Other parties:** Vaijayant P…; Mohana Ni…; +1 more
- **Advocates:** Ajay Ga…; Shreedhar…; +4 more

## Timeline

- **2016-03-16 — Lease De…**: Lease Deed entered into between Descent Buildwell LLP and Reliance Communications…
- **2016-04-01 — Lease Com…**: Lease period commences…

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