# In the matter of EMPRESS INFRA PROJECTS PRIVATE LIMITED

> NCLT judgment dated 2025-11-12. Citation: TCN-2025-NCLT-01633. Woodhill Buildtech Private Limited filed a petition under Section 7 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 12 Nov 2025
- **Citation:** TCN-2025-NCLT-01633
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-new-delhi/empress-infra-projects-private-limited-ff70ab61

## Summary

### Background

Woodhill Buildtech Private Limited filed a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Empress Infra Projects Private Limited, claiming default in repayment of a debt amounting to Rs. 2,12,13,236.47.

## Facts

Woodhill Buildtech Private Limited (Financial Creditor) filed a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 against Empress Infra Projects Private Limited (Corporate Debtor).

A Loan Agreement was executed on 02.06.2017, where the Financial Creditor disbursed ₹70,00,000 to the Corporate Debtor.

An Addendum to the Loan Agreement was executed on 07.09.2020, extending the loan tenure and increasing the principal amount to ₹1,10,00,000.

The Corporate Debtor defaulted on 07.09.2023, upon expiry of the extended loan period.

The Financial Creditor issued notices dated 09.11.2023 and 20.01.2024, and a legal notice dated 20.08.2024, to the Corporate Debtor and Personal Guarantor, but received no response or payment.

…

## Issues and analysis

### Issue 1: Whether the amount of Rs. 2,12,13,236.47 qualifies as a financial debt under Section 5(8) of the …

**Ratio:** The Adjudicating Authority determined that the loan disbursed for consideration against

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**Reasoning:** The Financial Creditor provided documentary evidence, including the Loan Agreement,

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**Interpretation:** The term 'financial debt' under Section 5(8) encompasses debts disbursed

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**Application:** The loan disbursed by Woodhill Buildtech Private Limited to Empress Infra

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## Parties

- **Judges:** JYOTSNA S…; Anu Jagmoha…
- **Appellants:** Woodhill Buildtech…
- **Respondents:** Empress Infra…
- **Other parties:** Sudhanshu…
- **Advocates:** Kanika Si…; Gauri P…; +3 more

## Timeline

- **2017-06-02 — Loan Agre…**: Loan Agreement executed between Financial…
- **2020-09-07 — Addendum to Loan…**: Addendum executed, extending loan tenure and…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 5(8) — Definitions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-5)

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