# In the matter of SHRUSHTI CONTECH PRIVATE LIMITED

> NCLT judgment dated 2026-02-06. Citation: TCN-2026-NCLT-00121. Varahi Infra, an operational creditor, filed an application under Section 9 of the Insolvency…

- **Court:** NCLT
- **Order date:** 6 Feb 2026
- **Citation:** TCN-2026-NCLT-00121
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-amaravati/shrushti-contech-private-limited-9b774dba

## Summary

### Background

Varahi Infra, an operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Shrushti Contech Private Limited, the corporate debtor, for initiation of the Corporate Insolvency Resolution Process (CIRP) due to default in repayment of operational debt. The corporate debtor is a company incorporated on 05.12.2013 under the provisions of the Companies Act, 2013.

## Facts

Varahi Infra filed an application under Section 9 of the IBC against Shrushti Contech Pvt Ltd for default in payment of operational debt.

The Corporate Debtor received a civil works contract from the National Highways Authority of India (NHAI).

The Corporate Debtor executed a Memorandum of Understanding (MoU) with the Operational Creditor on 01.02.2023.

The Corporate Debtor issued a work order to the Operational Creditor on 27.02.2023.

The Operational Creditor raised 11 invoices amounting to Rs.12,04,85,311/-.

The Corporate Debtor withheld Rs.7,39,11,209/- towards the invoices raised from the fifth invoice onwards.

The Operational Creditor issued a Demand Notice dated 21.06.2025 to the Corporate Debtor.

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## Issues and analysis

### Issue 1: Whether the Operational Creditor has established a valid operational debt and default by the …

**Ratio:** Yes. The Operational Creditor has provided

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**Reasoning:** The Operational Creditor submitted invoices, a Memorandum of Understanding (MoU), and a

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**Interpretation:** The Adjudicating Authority interpreted the documents and evidence presented by

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**Application:** The Adjudicating Authority applied the provisions of Section 9 of the IBC,

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## Parties

- **Judges:** KISHORE VEMULAPALL…
- **Appellants:** Varahi…
- **Respondents:** Shrushti Contech…
- **Other parties:** Amara…; Poluri Maruti…
- **Advocates:** Sridhruti C…; G Kalyan Chakravar…

## Timeline

- **2022-06-23 — Letter of Acc…**: NHAI issued a Letter of Acceptance to the…
- **2023-02-01 — Memorandum of…**: The Corporate Debtor executed a Memorandum of…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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