# BRICK2WALL INFRATECH PRIVATE LIMITED vs. TIRUPATI BUILD-CON PRIVATE LIMITED

> NCLT judgment dated 2026-06-10. Citation: TCN-2026-NCLT-00573. BRICK2WALL INFRATECH PRIVATE LIMITED (Operational Creditor) filed a petition under Section 9 of…

- **Court:** NCLT
- **Order date:** 10 Jun 2026
- **Citation:** TCN-2026-NCLT-00573
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-kolkata/brick2wall-infratech-private-limited-vs-tirupati-build-con-private-limited-x4kt1

## Summary

### Background

BRICK2WALL INFRATECH PRIVATE LIMITED (Operational Creditor) filed a petition under Section 9 of the IBC, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against TIRUPATI BUILD-CON PRIVATE LIMITED (Corporate Debtor). The Operational Creditor supplied Bitumen VG-40 worth Rs. 2,23,90,500/-, with Rs. 1,39,84,279/- remaining due. The Corporate Debtor issued post-dated cheques totaling Rs. 1,50,00,000/-, which were dishonored due to insufficient funds. A demand notice was issued by the Operational Creditor, but the Corporate Debtor failed to pay, claiming a pre-existing dispute regarding the mandatory source approval for Bitumen VG-40.

## Facts

BRICK2WALL INFRATECH PRIVATE LIMITED (Operational Creditor) supplied Bitumen VG-40 to TIRUPATI BUILD-CON PRIVATE LIMITED (Corporate Debtor) for Rs. 2,23,90,500/- based on purchase orders dated 10.03.2025.

Eight invoices were raised between 11.03.2025 and 30.03.2025, against which Rs. 1,39,84,279/- remains due.

The Corporate Debtor issued three post-dated cheques dated 07.03.2025, totaling Rs. 1,50,00,000/-, which were dishonored due to insufficient funds.

A Circular dated 23.08.2023 by the Ministry of Road and Transport and Highways mandated source approval for Bitumin VG-40.

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## Issues and analysis

### Issue 1: Whether there is a pre-existing dispute within …

**Ratio:** A dispute, to be considered "pre-existing" under Section 8(2)(a) of the IBC,

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**Reasoning:** The Corporate Debtor raised the issue of non-availability of source approval for Bitumen

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**Interpretation:** The term "pre-existing dispute" implies that the dispute must be

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**Application:** In this case, the Corporate Debtor's argument regarding the lack of source

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## Parties

- **Judges:** BIDISHA BA…; Cmde Siddharth…
- **Appellants:** Brick2wall…
- **Respondents:** TIRUPATI BUILD-CON…
- **Other parties:** Mamta B…
- **Advocates:** Devul D…; Shreyas Dharmadhik…; +1 more

## Timeline

- **2023-08-23 — Circular…**: Ministry of Road and Transport and Highways issued a circular mandating source approval…
- **2025-03-07 — Cheques I…**: Corporate Debtor issued three post-dated cheques totaling Rs. 1,50,00,000/- to the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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