# In the matter of Gammon India Limited & Gammon Engineers and Contractors Private Limited

> NCLT judgment dated 2024-04-26. Citation: TCN-2024-NCLT-01565. The case involves an application (IA No. 2613 of 2023) filed by Grim Tech Project India Private…

- **Court:** NCLT
- **Order date:** 26 Apr 2024
- **Citation:** TCN-2024-NCLT-01565
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/gammon-india-limited-gammon-engineers-and-contractors-private-limited-5cc8b651

## Summary

### Background

The case involves an application (IA No. 2613 of 2023) filed by Grim Tech Project India Private Limited to replace Gammon India Limited ('the Original Respondent') with Gammon Engineers and Contractors Private Limited ('Proposed Respondent') in a Company Petition filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The original petition was filed due to the failure of Gammon India Limited to pay outstanding dues to Grim Tech Project India Private Limited. The applicant claims that the original respondent failed to pay the dues for work done under a work order dated 25.01.2011. The original respondent pointed out that the Civil EPC undertaking was demerged to the proposed respondent pursuant to a scheme of arrangement.

## Facts

Grim Tech Project India Private Limited (Applicant) entered into a work order agreement with Gammon India Limited (Original Respondent) on 2011-01-25. The Original Respondent requested the Applicant to start mobilization work via letter dated 2011-01-20. The Applicant raised running bills, which were certified by the Original Respondent. The Original Respondent failed to pay the dues. The Applicant sent a statutory notice dated 2015-01-13 under Sections 433 and 434 of the Companies Act, 1956. The Original Respondent replied on 2015-01-22, requesting documentary evidence. The Applicant reduced the claim by Rs. 90,43,984/- on 2016-09-17. The Applicant filed a Company Petition No. 862 of 2016 before the Bombay High Court, which was later transferred to the NCLT on

…

## Issues and analysis

### Issue 1: Whether the Applicant should be allowed to substitute Gammon India Limited with Gammon Engineers …

**Ratio:** The principle that where amendment is sought to avoid multiplicity of suits, or where the

…

**Reasoning:** The tribunal reasoned that the proposed respondent was aware of the proceedings from the

…

**Interpretation:** This issue concerns the substitution of a party in a legal proceeding due to a

…

**Application:** The ratio and reasoning are applied to the specific facts of the case, where

…

## Parties

- **Judges:** ANIL RAJ C…; Kuldip Kumar…
- **Appellants:** Grim Tech Project…
- **Respondents:** Gammon India…

## Timeline

- **2011-01-25 — Work Order Ag…**: Grim Tech Project India Private Limited and Gammon India Limited entered into a work…
- **2011-01-20 — Request to Start…**: Gammon India Limited requested Grim Tech Project India Private Limited to proceed and…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/gammon-india-limited-gammon-engineers-and-contractors-private-limited-5cc8b651