# In the matter of United Bank of India vs. Concast Morena Road Projects Pvt. Ltd.

> NCLAT judgment dated 2025-10-07. Citation: TCN-2025-NCLAT-00520. The appeal was filed against the order dated 19.12.2024 passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 7 Oct 2025
- **Citation:** TCN-2025-NCLAT-00520
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/united-bank-of-india-vs-concast-morena-road-projects-pvt-ltd-ddabb8bc

## Summary

### Background

The appeal was filed against the order dated 19.12.2024 passed by the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, Kolkata, which rejected the Section 7 application filed by the Appellant.

## Facts

The Appellant Bank claimed to have disbursed Rs.46.16 Crores to the Corporate Debtor in 2013.

The Corporate Debtor defaulted on 19.09.2015.

The Appellant filed a Section 7 application on 10.12.2019.

The Adjudicating Authority dismissed the application on the grounds of lack of proof of disbursement and limitation.

The Appellant argued that the NeSL certificate and bank statements proved disbursement.

The Appellant also argued that amounts were received in the account of the Corporate Debtor in 2015-16.

The Appellant claimed benefit under Section 14 of the Limitation Act due to pending OA under Section 19 of the Recovery of Debt and Bankruptcy Act, 1993.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in …

**Ratio:** The NeSL Certificate was not disputed and bank statements were on record to prove

…

**Reasoning:** The Corporate Debtor did not appear before the Adjudicating Authority and did not dispute

…

**Interpretation:** The Adjudicating Authority ought

…

**Application:** The Appellate Tribunal found that the Adjudicating Authority erred in holding

…

## Parties

- **Judges:** Ashok Bh…; Arun Ba…
- **Appellants:** United Bank of…; Punjab National…
- **Respondents:** Concast Morena…
- **Advocates:** Rajesh Kumar…; Deepanjal…; +2 more

## Timeline

- **2013 — Disburse…**: Appellant Bank claimed to have disbursed…
- **2015-09-19 — Default…**: The Corporate Debtor…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 19 — Personnel to extend co-operation to interim…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-19)

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