# In the matter of NEXTGEN INFRATEL PRIVATE LIMITED

> NCLT judgment dated 2025-08-28. Citation: TCN-2025-NCLT-01339. The Operational Creditor filed an application under Section 9 of the IBC to initiate CIRP…

- **Court:** NCLT
- **Order date:** 28 Aug 2025
- **Citation:** TCN-2025-NCLT-01339
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-allahabad/nextgen-infratel-private-limited-3b86cddf

## Summary

### Background

The Operational Creditor filed an application under Section 9 of the IBC to initiate CIRP against the Corporate Debtor for unpaid operational debt. This application was filed after a previous petition was dismissed for non-prosecution and a subsequent application for restoration was allowed, granting liberty to file a fresh petition.

## Facts

Gupshup Technology India Private Limited (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) against Nextgen Infratel Private Limited (Corporate Debtor) on October 21, 2019, to initiate the Corporate Insolvency Resolution Process (CIRP). The application sought to recover an outstanding operational debt of Rs. 25,98,842/-, with the date of default declared as February 16, 2017, which was 15 days after the first invoice dated January 31, 2017, as per the payment terms. Initially, the Operational Creditor filed a petition, CP No. (IB) 199/ALD/2018, on December 21, 2017, which was dismissed in default by the Tribunal on July 12, 2018. Subsequently, the Operational Creditor filed an application, CA No. 116/2019, for

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## Issues and analysis

### Issue 1: Whether the application filed by the …

**Ratio:** The application for initiation of CIRP was filed within the three-year limitation period

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**Reasoning:** The Tribunal noted that the application was filed on October 21, 2019, and the date of

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**Interpretation:** The Tribunal interpreted Section 238A of the IBC, which makes the Limitation

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**Application:** The application, filed on October 21, 2019, with a default date of February 16,

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## Parties

- **Judges:** Praveen…; Ashish…
- **Appellants:** Gupshup Technology…
- **Respondents:** Nextgen Infratel…
- **Other parties:** Pranav Jayantilal…
- **Advocates:** Ashok Kri…; Babita…; +3 more

## Timeline

- **January 31, 2017 — First Invoi…**: Operational Creditor raised the…
- **February 16, 2017 — Date of D…**: Corporate Debtor failed to make payment within 15 days of the first invoice, leading to…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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