# In the matter of EPC Constructions India Limited

> NCLT judgment dated 2023-10-27. Citation: TCN-2023-NCLT-01007. The Interlocutory Application (IA No. 2258 of 2023) was filed by Sri Vijetha Engineers and…

- **Court:** NCLT
- **Order date:** 27 Oct 2023
- **Citation:** TCN-2023-NCLT-01007
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/epc-constructions-india-limited-0fe60358

## Summary

### Background

The Interlocutory Application (IA No. 2258 of 2023) was filed by Sri Vijetha Engineers and Infrastructure Private Limited under Section 42 of the Insolvency and Bankruptcy Code, 2016, against the rejection of their claim by the Liquidator of EPC Constructions India Limited. The applicant sought condonation of a 352-day delay in filing the claim. The applicant had been awarded two construction work orders by the Corporate Debtor for the construction of an Earthern Dam for Turial Hydroelectric Power Project, Mizoram. The company was put under Corporate Insolvency Resolution Process (CIRP) vide order of the Adjudicating Authority dated 07.05.2021. A resolution plan was approved but failed to be implemented, leading to the liquidation of the Corporate Debtor. The

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## Facts

Sri Vijetha Engineers and Infrastructure Private Limited was awarded two construction work orders by EPC Constructions India Limited (Corporate Debtor) for the construction of an Earthern Dam for Turial Hydroelectric Power Project, Mizoram. The work orders were dated 20.11.2013 and 11.07.2014. The applicant successfully completed the work, but 10% of every bill was withheld by the Corporate Debtor during the Defect Liability Period, and some amount was outstanding. The Corporate Debtor was put under CIRP on 07.05.2021. The Respondent was initially appointed as Interim Resolution Professional and later confirmed as Resolution Professional (RP). The RP admitted the claim of the Applicant to the extent of Rs 8,66,92,588/-. A resolution plan was approved but failed,

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## Issues and analysis

### Issue 1: Whether the delay of 352 days in filing the …

**Ratio:** Sufficient cause and cogent reason should be stated for condonation of delay as

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**Reasoning:** The court considered that the Applicant had submitted its claim during CIRP and the

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**Interpretation:** The legal principle emphasizes the need for a valid and justifiable reason to

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**Application:** The court applied the ratio by considering the specific circumstances of the

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## Parties

- **Judges:** Kuldip Kumar…; ANIL RAJ C…
- **Appellants:** Vijetha Engineers…
- **Respondents:** EPC Constructions…; Abhijit Guhathakur…

## Timeline

- **2013-11-20 — Work Orde…**: Date of one of the construction work…
- **2014-07-11 — Work Orde…**: Date of another construction work…

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