# Umaveer Buildcon Private Limited vs. Jouelana Construction Private Limited

> NCLT judgment dated 30 Sept 2025. Citation: TCN-2025-NCLT-01470. The case involves an application filed under Section 12(2) of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 30 Sept 2025
- **Citation:** TCN-2025-NCLT-01470
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-kolkata/umaveer-buildcon-private-limited-vs-jouelana-construction-private-limited-9b5f7224

## Summary

### Background

The case involves an application filed under Section 12(2) of the Insolvency and Bankruptcy Code, 2016, by Resolution Professional Devi Prasanna Sarangi in the CIRP Proceedings of M/s Jouelana Construction Pvt. Ltd (Corporate Debtor) seeking an extension of 90 days beyond the initial 180-day period. The CIRP was initiated on 18.03.2025, and the CIRP period expired on 14.09.2025.

## Facts

An application was filed under Section 12(2) of the Insolvency and Bankruptcy Code, 2016, seeking an extension of 90 days in the CIRP process.

The Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor was initiated on 18.03.2025.

The CIRP period was stated to have expired on 14.09.2025.

The applicant issued Form G on 31.05.2025.

The last date for receiving EOI was 16.06.2025, and the last date for receipt of the Resolution Plans was 30.07.2025.

The Applicant received 50 claim forms before the Last Date and 1 claim form on 2nd April 2025 from the creditors of the Corporate Debtor.

The COC resolved to file an extension application seeking an extension of the CIRP period by a further period of 90 days from 15/09/2025.

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## Issues and analysis

### Issue 1: Whether the extension of CIRP is …

**Ratio:** Section 33(1)(a) of the Insolvency and Bankruptcy Code, 2016 mandates liquidation in the

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**Reasoning:** The tribunal noted that the CIRP period had ended, no resolution plan was received, the

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**Interpretation:** The tribunal interpreted the code to require liquidation if no resolution plan

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**Application:** The tribunal applied section 33(1)(a) to the facts, determining that, because

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## Parties

- **Judges:** Prabhat…; Sushil Mahadeorao…
- **Appellants:** Umaveer Buildcon…
- **Respondents:** Jouelana Construct…; Gold Star…; +1 more
- **Other parties:** Corporate…; Liquida…; +3 more

## Timeline

- **18.03.2025 — CIRP Init…**: This Bench initiated the Corporate Insolvency Resolution Process (CIRP) against the…
- **31.05.2025 — Form G I…**: The applicant issued…

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