# Uniton Infra Private Limited vs. Shapoorji Pallonji and Company Private Limited

> NCLT judgment dated 2026-09-23. Citation: TCN-2026-NCLT-01044. Uniton Infra Private Limited (Operational Creditor) filed a petition under Section 9 of the IBC…

- **Court:** NCLT
- **Order date:** 23 Sept 2026
- **Citation:** TCN-2026-NCLT-01044
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-mumbai/uniton-infra-private-limited-vs-shapoorji-pallonji-and-company-private-limited-1igkw

## Summary

### Background

Uniton Infra Private Limited (Operational Creditor) filed a petition under Section 9 of the IBC against Shapoorji Pallonji and Company Private Limited (Corporate Debtor) for an alleged default of Rs. 4,31,16,154. The debt arose from sub-contracted road resurfacing work, where RKI Builders Private Limited (RKI) initially sub-contracted to the Corporate Debtor, then further sub-contracted to the Operational Creditor. RKI later assigned its debt from the Corporate Debtor to the Operational Creditor. The Corporate Debtor disputed the claim, citing lack of privity of contract, invalidity of the assignment deed, the debt falling within the Section 10A excluded period, and non-fulfillment of payment conditions (receipt of funds from NMC).

## Facts

CP(IB) No. 470/MB/2024 was filed on 18.05.2024 under Section 9 of the Insolvency and Bankruptcy Code, 2016 by Uniton Infra Private Limited (Operational Creditor).

The petition was filed for initiating Corporate Insolvency Resolution Process (CIRP) in respect of Shapoorji Pallonji and Company Private Limited (Corporate Debtor).

The total amount of default alleged is Rs. 4,31,16,154.

The alleged default amount is based on two invoices: RKI/SPCPL 2020-21-01 dated 15.09.2020 and RKI/SPCPL 2021-22-01 dated 15.05.2021.

RKI Builders Private Limited (RKI) had sub-contracted the task of resurfacing damaged cement concrete roads to the Operational Creditor.

…

## Issues and analysis

### Issue 1: Whether the present petition filed by the Operational Creditor pursuant to the assignment deed is …

**Ratio:** Assignment of debt is valid in law, and prior permission from the debtor is not required

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**Reasoning:** The NCLT found that the Apex Court decisions cited by the Respondent nowhere state that

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**Interpretation:** The Tribunal interprets the law to permit the assignment of debt without

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**Application:** The assignment of debt by RKI Builders Private Limited to Uniton Infra Private

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## Parties

- **Judges:** ASHISH KALIA,…; BANWARI LAL…
- **Appellants:** Uniton Infra…
- **Respondents:** Shapoorji…
- **Advocates:** Ranit…; Sakshi Te…; +2 more

## Timeline

- **2019-03-12 — Sub-contract Agreement…**: Corporate Debtor sub-contracted execution of…
- **2019-03-25 — Memorandum of…**: RKI and Petitioner Company executed MOU along with an escrow agreement for financial…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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