# In the matter of RAMAPATI INFRA PRIVATE LIMITED

> NCLT judgment dated 28 May 2025. Citation: TCN-2025-NCLT-00042. M/s Varaha Infra Limited, the Operational Creditor, filed a petition under Section 9 of the…

- **Court:** NCLT
- **Order date:** 28 May 2025
- **Citation:** TCN-2025-NCLT-00042
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ramapati-infra-private-limited-cf8fae46

## Summary

### Background

M/s Varaha Infra Limited, the Operational Creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s Ramapati Infra Private Limited, the Corporate Debtor. The Operational Creditor claimed an outstanding operational debt of Rs. 1,66,78,000/-, including interest at 18%, for construction work performed. The work involved a sub-contract for highway construction from Jalandhar to Amritsar, which the Corporate Debtor had further sub-let to the Operational Creditor.

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## Facts

M/s Varaha Infra Limited, the Operational Creditor, filed a petition to initiate the Corporate Insolvency Resolution Process (CIRP) against M/s Ramapati Infra Private Limited, the Corporate Debtor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The petition was filed due to the Corporate Debtor's alleged non-payment of operational dues amounting to Rs. 1,66,78,000/-, which included interest at 18%. The Operational Creditor is engaged in the business of construction and development of highways and bridges.

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## Issues and analysis

### Issue 1: Whether there is an 'operational…

**Ratio:** An operational debt exists and exceeds the statutory threshold of Rs. 1 lakh if the…

**Reasoning:** The court reasoned that the Operational Creditor had raised invoices for Rs.…

**Interpretation:** The court interpreted 'operational debt' as defined in the IBC to include the…

**Application:** In this case, the principal amount of Rs. 1,09,00,000/- and interest of Rs.…

## Parties

- **Judges:** Reeta K…; Kavita Bha…
- **Advocates:** For the Petitioner…; For the Respondent…

## Timeline

- **April 13, 2017 — Work Order to Corporate…**: Dinesh Chandra R. Agrawal Infracon Pvt. Ltd. sub-let highway construction work to the…
- **September 25, 2017 — Work Order to…**: The Corporate Debtor further sub-let 'Earth Work' component to the Operational Creditor…

## 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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