# In the matter of Atlas Constructions Private Limited

> NCLT judgment dated 2025-10-14. Citation: TCN-2025-NCLT-01609. Shiva Asphaltic Products Private Limited, the Operational Creditor, filed an application under…

- **Court:** NCLT
- **Order date:** 14 Oct 2025
- **Citation:** TCN-2025-NCLT-01609
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-new-delhi/atlas-constructions-private-limited-64dba914

## Summary

### Background

Shiva Asphaltic Products Private Limited, the Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Atlas Constructions Private Limited, the Corporate Debtor, for an outstanding amount of Rs. 1,13,71,352 as of February 28, 2025.

## Facts

Shiva Asphaltic Products Private Limited filed an application under Section 9 of the IBC to initiate CIRP against Atlas Constructions Private Limited.

The outstanding amount claimed was Rs. 1,13,71,352 as of February 28, 2025.

The Operational Creditor claimed the last payment was made on May 10, 2022.

The application was filed on May 31, 2025.

The Operational Creditor relied on a letter dated June 17, 2024, as acknowledgment of debt.

The Operational Creditor sought exclusion of time spent in pre-institution mediation from August 3, 2024, to September 19, 2024.

The Corporate Debtor alleged quality issues with the supplied materials.

The Operational Creditor initiated Pre-Institution Mediation under Section 12A of the Commercial Courts Act, 2015.

…

## Issues and analysis

### Issue 1: Whether the application under …

**Ratio:** The application is not maintainable

…

**Reasoning:** The Adjudicating Authority found that the application was filed beyond the three-year

…

**Interpretation:** The limitation period for filing an application under Section 9 of the IBC is

…

**Application:** Since the application was filed after the expiry of the limitation period and

…

## Parties

- **Judges:** MANNI SANKARIAH…; ATUL CHAT…
- **Appellants:** Shiva Asphaltic…
- **Respondents:** Atlas Construction…
- **Advocates:** Nipun G…; Shrey Pa…; +2 more

## Timeline

- **2022-05-10 — Last Pay…**: Operational Creditor states the last payment towards outstanding dues was made on this…
- **2024-06-17 — Corporate Debto…**: Corporate Debtor issued a letter…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60 — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-new-delhi/atlas-constructions-private-limited-64dba914