# NPGC Limited vs. D C Industrial Plant Services Private Limited

> NCLT judgment dated 2026-07-03. Citation: TCN-2026-NCLT-00703. NPGC Limited (Appellant) filed an application challenging the Liquidator's rejection of its…

- **Court:** NCLT
- **Order date:** 3 Jul 2026
- **Citation:** TCN-2026-NCLT-00703
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-kolkata/npgc-limited-vs-d-c-industrial-plant-services-private-limited-dxwzv

## Summary

### Background

NPGC Limited (Appellant) filed an application challenging the Liquidator's rejection of its claims against D C Industrial Plant Services Private Limited (Corporate Debtor). The claims arose from two contracts where the Corporate Debtor allegedly failed to complete work. The Corporate Debtor was undergoing CIRP initiated by Indian Overseas Bank and subsequently entered liquidation, with Mr. Ram Ratan Modi appointed as Liquidator. The NCLAT had previously remanded the case for a de-novo hearing, noting that the NCLT had erred in rejecting verifiable claims.

## Facts

NPGC Limited (Appellant) awarded two contracts (Contract No. CS-0370-162C-2-FC-COA-0015 and Contract No. CS-0370-162C-2-SC-COA-0016) to D C Industrial Plant Services Private Limited (Corporate Debtor) on 14.05.2013.

The Corporate Debtor was engaged for design, engineering, procurement, supply, and installation services for the Nabinagar Super Thermal Power Project.

The Appellant alleged that the Corporate Debtor failed to complete a substantial portion of the supply and installation works and sought extensions, with the last extension granted till 31.12.2019.

The Appellant claimed a total principal sum of Rs. 71,33,65,128/- from the Corporate Debtor, including advance outstanding, liquidated damages, and estimated cost of completion.

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## Issues and analysis

### Issue 1: Whether the Liquidator's decision to reject NPGC Limited's claims, on the ground that the Corporate …

**Ratio:** The NCLT upheld the Liquidator's decision, finding that the apprehension of the Appellant

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**Reasoning:** The Corporate Debtor (DCIPSPL) was sold as a going concern to KSYEPL, which has paid the

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**Interpretation:** The successful sale of a corporate debtor as a going concern and its continued

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**Application:** In this case, since DCIPSPL was sold as a going concern and is actively

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## Parties

- **Judges:** Rekha Kantilal…; BIDISHA BA…
- **Appellants:** NPGC Li…; Indian Overseas…
- **Respondents:** D.C. Industrial…; Ram Ratan…
- **Advocates:** Pooja Chakr…; Mohit…; +4 more

## Timeline

- **2013-05-14 — Contracts A…**: NPGC Limited awarded two contracts to D C…
- **2018-07-30 — CIRP Init…**: NCLT admitted a Section 7 application by Indian Overseas Bank, initiating Corporate…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 3(6) — Definitions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-3)

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