# In the matter of Kopargaon Ahmednagar Tollways (Phase-I) Private Limited CP (IB) No. 167-Chd-Hry-2018

> NCLT judgment dated 2019-10-07. Citation: TCN-2019-NCLT-01076. The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 7 Oct 2019
- **Citation:** TCN-2019-NCLT-01076
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/kopargaon-ahmednagar-tollways-phase-i-private-limited-cp-ib-no-167-chd-hry-2018-dd7f999b

## Summary

### Background

The case pertains to an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 by Darshan Anil Lodha, the proprietor of M/s A.B. Lodha, an operational creditor, against Kopargaon Ahmednagar Tollways (Phase-I), Private Limited, the corporate debtor. The operational creditor claimed unpaid dues for infrastructure, construction, and related allied works. The corporate debtor is primarily engaged in the business of design, construction, and maintenance of highways, bridges, flyovers, buildings, etc., and is a subsidiary of Supreme Infrastructure BOT Private Limited (SIBPL). The Government of Maharashtra awarded a project to M/s Ram Infrastructure Ltd. (RIL), which then involved Pranjal Infrastructure Limited. Pranjal issued work orders to the

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## Facts

Darshan Anil Lodha, proprietor of M/s A.B. Lodha, filed a petition as an operational creditor against Kopargaon Ahmednagar Tollways (Phase-I), Private Limited (corporate debtor), under Section 9 of the Insolvency and Bankruptcy Code, 2016. The operational creditor provided infrastructure, construction, and related services to the corporate debtor. The corporate debtor is a subsidiary of Supreme Infrastructure BOT Private Limited (SIBPL). The Government of Maharashtra awarded a road construction project to M/s Ram Infrastructure Ltd. (RIL), which involved Pranjal Infrastructure Limited. Pranjal issued work orders to the petitioner, who completed the work. RIL and Pranjal failed to pay the outstanding amounts. SIBPL acquired shareholding in RIL and Pranjal and

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## Issues and analysis

### Issue 1: Whether the application filed by the operational creditor under Section 9 of the Insolvency and …

**Ratio:** Section 9(5)(i) of the IBC outlines the conditions for the Adjudicating Authority to

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**Reasoning:** The Adjudicating Authority determined that the application was complete in all respects.

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**Interpretation:** The completeness requirement ensures that the Adjudicating Authority has all

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**Application:** In this case, the application was deemed complete because the operational

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## Parties

- **Judges:** Ajay Kumar…; Pradeep R.…
- **Appellants:** Darshan Ani…
- **Respondents:** Kopargaon…

## Timeline

- **2007-05-10 — Tri-party Ag…**: A tri-party agreement was executed between RIL, its SPV Company, M/s Pranjal…
- **2012-06-01 — Notice of…**: The Petitioner issued a notice of demand to RIL and Pranjal calling upon them to pay the…

## 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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