# In the matter of Surender Modi & Ors. vs.  Ashish Singh

> NCLAT judgment dated 2025-12-10. Citation: TCN-2025-NCLAT-00615. The appeals were filed under Section 61 of the Insolvency and Bankruptcy Code 2016 against…

- **Court:** NCLAT
- **Order date:** 10 Dec 2025
- **Citation:** TCN-2025-NCLAT-00615
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/surender-modi-ors-vs-ashish-singh-1421a33e

## Summary

### Background

The appeals were filed under Section 61 of the Insolvency and Bankruptcy Code 2016 against orders dated 23.09.2025 passed by the Adjudicating Authority (National Company Law Tribunal, New Delhi Bench-IV) in I.A. Nos. 3020 of 2022 and 1950 of 2023 in C.P. (IB) No. 983 (ND)/2020. The Adjudicating Authority dismissed both I.A. Nos. 3020 of 2022 and 1950 of 2023, rejecting the claims of the Appellants in the Corporate Insolvency Resolution Proceedings of Vibrant Buildwell Private Limited.

## Facts

Mr. Surender Modi (in CA(AT)(Ins) No. 1734 of 2025) and Primex Estates Private Limited (in CA(AT)(Ins) No. 1735 of 2025) filed appeals against the rejection of their claims in the CIRP of Vibrant Buildwell Private Limited.

The Adjudicating Authority dismissed I.A. Nos. 3020 of 2022 and 1950 of 2023, rejecting the claims of Mr. Surender Modi and Primex Estates Private Limited, respectively.

Mr. Surender Modi claimed Rs 1,09,33,020/- based on a loan agreement, which was rejected by the RP and subsequently by the Adjudicating Authority.

Primex Estates Private Limited claimed Rs. 9,43,54,070/-, comprising a principal amount of Rs. 30,95,000/- and interest of Rs. 9,12,59,070/-, which was also rejected.

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in rejecting the claims of the Appellants based on …

**Ratio:** The tribunal found that there was no delay in filing the claims as the RP had invited the

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**Reasoning:** The tribunal relied on the Suo Moto order of the Supreme Court, which provided for the

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**Interpretation:** The Suo Moto order extended the limitation period for filing claims, and the

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**Application:** The tribunal applied the Suo Moto order to the facts of the case, finding that

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Surender…; Primex Estates…
- **Respondents:** Vibrant Buildwell…; Ashish…; +2 more
- **Advocates:** Anirban Bhattachar…; Rajeev Cho…; +9 more

## Timeline

- **2022-02-22 — CIRP Admi…**: Vibrant Buildwell Pvt. Ltd.…
- **2022-02-24 — Public Annou…**: Public announcement was made…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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