# In the matter of Patel Engineering Limited

> NCLT judgment dated 2025-04-04. Citation: TCN-2025-NCLT-01024. Credible Engineering Construction Projects Limited, the Applicant/Operational Creditor (OC),…

- **Court:** NCLT
- **Order date:** 4 Apr 2025
- **Citation:** TCN-2025-NCLT-01024
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-mumbai/patel-engineering-limited-4007aade

## Summary

### Background

Credible Engineering Construction Projects Limited, the Applicant/Operational Creditor (OC), filed IA (I.B.C) No. 2460/MB/2024 under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 (IBC) read with Rule 11 of the National Company Law Tribunal Rules, 2016, for allowing it to produce certain documents relevant to adjudicating the CP(IB) No. 697/MB/2021 (Main Application) against Patel Engineering Limited, the Respondent/Corporate Debtor (CD). The Main Application was filed under Section 9 of the IBC for an alleged default of Rs.50,80,98,477/-.

## Facts

Credible Engineering Construction Projects Limited filed CP(IB) No. 697/MB/2021 against Patel Engineering Limited under Section 9 of the IBC for an alleged default of Rs.50,80,98,477/-.

The default was based on Patel Engineering Limited's failure to make payments to Credible Engineering Construction Projects Limited as per the Sub-Contract Agreement dated 25.09.2014 and Takeover Agreement dated 31.03.2018.

Credible Engineering Construction Projects Limited filed IA (I.B.C) No. 2460/MB/2024 seeking to produce additional documents relevant to the adjudication of CP(IB) No. 697/MB/2021.

Patel Engineering Limited opposed the IA, arguing that it was filed at a belated stage and would prejudice their interests.

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## Issues and analysis

### Issue 1: Whether the IA (I.B.C) No. 2460/MB/2024 filed by the Applicant/OC should be allowed, permitting the …

**Ratio:** Every applicant to a proceeding has the right to adduce evidence to substantiate its case

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**Reasoning:** Disallowing a party to a proceeding to submit documents, which it believes to strengthen

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**Interpretation:** The Tribunal interpreted the law to allow the production of additional

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**Application:** The Tribunal applied this principle by allowing the IA and taking the

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## Parties

- **Judges:** K. R. SAJI…; SANJIV…
- **Appellants:** Credible Engineeri…
- **Respondents:** Patel Engineering…
- **Advocates:** PCS Devangi…; Y. Suryana…; +5 more

## Timeline

- **2014-09-25 — Sub-Contract A…**: Applicant/OC and Respondent/CD…
- **2018-03-31 — Takeover Ag…**: Applicant/OC and Respondent/CD…

## 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)

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