# In the matter of Patel Engineering Limited

> NCLT judgment dated 2025-04-04. Citation: TCN-2025-NCLT-01014. Credible Engineering Construction Projects Limited, the Applicant/Operational Creditor (OC),…

- **Court:** NCLT
- **Order date:** 4 Apr 2025
- **Citation:** TCN-2025-NCLT-01014
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-mumbai/patel-engineering-limited-aa60b08a

## Summary

### Background

Credible Engineering Construction Projects Limited, the Applicant/Operational Creditor (OC), filed IA (I.B.C) No. 2460/MB/2024 on 13.05.2024, 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 stated in the IA, which, according to the Applicant/OC, are relevant in adjudicating the CP(IB) No. 697/MB/2021 (Main Application), filed by the Applicant against Patel Engineering Limited, the Respondent/Corporate Debtor (CD).

## 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 relating to the civil works project for Koteshwar Hydro Electric Project.

Credible Engineering Construction Projects Limited completed 78.90% of the civil works in the Project by 25.10.2017.

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## Issues and analysis

### Issue 1: Whether the Applicant/OC should be allowed to produce additional documents at a belated stage of …

**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:** A liberal approach should be made in allowing documents to be considered in

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**Application:** The Tribunal allowed the Applicant/OC to produce the additional documents,

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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…**: Credible Engineering Construction Projects Limited and Patel Engineering Limited entered…
- **2018-03-31 — Takeover Ag…**: Credible Engineering Construction Projects Limited and Patel Engineering Limited executed…

## 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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