# In the matter of Panipat Jalandhar NH-1 Tollways Private Limited

> NCLT judgment dated 2024-05-01. Citation: TCN-2024-NCLT-01505. Rajinder Infrastructure Private Limited filed an application under Section 9 of the Insolvency…

- **Court:** NCLT
- **Order date:** 1 May 2024
- **Citation:** TCN-2024-NCLT-01505
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/panipat-jalandhar-nh-1-tollways-private-limited-002c799d

## Summary

### Background

Rajinder Infrastructure Private Limited filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Panipat Jalandhar NH-1 Tollways Private Limited, seeking initiation of the Corporate Insolvency Resolution Process (CIRP) due to a default in payment of Rs. 1,01,94,426. The petitioner claimed to have supplied services to the respondent, including laying bituminous concrete and cold milling. The respondent contested the application, citing defects in the work, a pre-existing dispute, and that the amount claimed was below the threshold limit for initiating CIRP.

## Facts

Rajinder Infrastructure Private Limited (the Petitioner) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against Panipat Jalandhar NH-1 Tollways Private Limited (the Respondent) for a default of Rs. 1,01,94,426. The Petitioner supplied services, including laying BC with PMB, bituminous concrete, cold milling, and track coat, to the Respondent, with service orders issued in October and November 2020. Part payment was made, but Rs. 1,01,94,426 remained pending. The last payment of Rs. 15,28,637 was received on April 6, 2021. The Respondent raised concerns about defects in the work in July 2021, which the Petitioner replied to in August 2021. The Petitioner issued request letters for payment in June and October 2021 and a demand notice in

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## Issues and analysis

### Issue 1: Whether the petition has been filed …

**Ratio:** The period of limitation

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**Reasoning:** The court determined that the period of limitation would begin on 13.12.2021, and the

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**Interpretation:** The limitation period for initiating CIRP starts from the date the default

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**Application:** The court found that the petition was filed within the prescribed limitation

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## Parties

- **Judges:** Harnam Singh…; L. N. G…
- **Appellants:** Rajinder Infrastru…
- **Respondents:** Panipat Jalandhar…
- **Advocates:** G.S. S…; Rajat K…

## Timeline

- **2020-10-01 — Service Order…**: Service orders were issued to the Petitioner for laying BC with PMB, bituminous concrete,…
- **2021-04-06 — Last Payment…**: The last payment of Rs. 15,28,637…

## 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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