# In the matter of Tirumala Hills Asphalt Pvt. Ltd.

> NCLT judgment dated 2025-04-04. Citation: TCN-2025-NCLT-00264. M/s GP Petroleum Ltd (Operational Creditor) filed an application under Section 9 of the…

- **Court:** NCLT
- **Order date:** 4 Apr 2025
- **Citation:** TCN-2025-NCLT-00264
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/tirumala-hills-asphalt-pvt-ltd-2d40039b

## Summary

### Background

M/s GP Petroleum Ltd (Operational Creditor) filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, for initiating the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor, M/s Tirumala Hills Asphalt Private Limited. The Adjudicating Authority admitted the application and initiated CIRP, appointing Mr. Adinarayana Babji Kota as Interim Resolution Professional (IRP). The IRP informed the Suspended Directors about their appointment and requested documents. The CoC appointed the IRP as Resolution Professional (RP). Due to non-cooperation from the Suspended Directors, the RP filed an application under Section 19(2) of IBC. The Statutory Auditor provided Tally data for financial years 2020-21 and 2021-22. The Authority

…

## Facts

M/s GP Petroleum Ltd, the Operational Creditor, initiated CIRP against M/s Tirumala Hills Asphalt Private Limited. The Adjudicating Authority admitted the application and appointed Mr. Adinarayana Babji Kota as IRP. The IRP informed the suspended directors, Mr. Kuragayala Lakshmipathi and Ms. Baineni Dhanasree, about their appointment and requested documents. The CoC appointed the IRP as RP. Due to non-cooperation, the RP filed IA No. 1316 of 2023 under Section 19(2) of IBC. The Statutory Auditor provided Tally data for financial years 2020-21 and 2021-22. The Authority directed the Respondents to provide information, but there was no response. The RP sent email reminders on multiple dates, including 16.09.2023, 03.10.2023, 05.10.2023, and 09.10.2023, outlining

…

## Issues and analysis

### Issue 1: Whether the Respondents wilfully disobeyed the order issued in IA No. 1316/2023, warranting …

**Ratio:** To establish contempt, it must be proven that the disobedience of the Order was wilful.

…

**Reasoning:** The court found that the Applicant had not relied upon the specific order passed in IA

…

**Interpretation:** The court interpreted the term 'wilful disobedience' as requiring a mental

…

**Application:** The court applied the ratio to the facts and found that the Applicant had not

…

## Parties

- **Judges:** Rajeev Bh…; Sanjay…
- **Appellants:** Adinarayana Babji…
- **Respondents:** M/s Tirumala…; Kuragayala…

## Timeline

- **2023-06-14 — Admission…**: Adjudicating Authority admitted the application…
- **2023-07-10 — Appointment…**: The CoC appointed the IRP as…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

---

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/tirumala-hills-asphalt-pvt-ltd-2d40039b