# In the matter of Hindustan Urvarak & Rasayan Ltd.

> NCLT judgment dated 2025-08-05. Citation: TCN-2025-NCLT-01261. DTH Infra Engineers Pvt. Ltd. filed a petition under Section 9 of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 5 Aug 2025
- **Citation:** TCN-2025-NCLT-01261
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-new-delhi/hindustan-urvarak-rasayan-ltd-c20725fd

## Summary

### Background

DTH Infra Engineers Pvt. Ltd. filed a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of Corporate Insolvency Resolution Process (CIRP) against Hindustan Urvarak & Rasayan Ltd. based on unpaid dues for works executed in connection with the Ammonia-Urea Fertilizer Project at Barauni, Bihar.

## Facts

DTH Infra Engineers Pvt. Ltd. filed a petition under Section 9 of the IBC against Hindustan Urvarak & Rasayan Ltd.

The claim arises from works executed in connection with the Ammonia-Urea Fertilizer Project at Barauni, Bihar.

Hindustan Urvarak & Rasayan Ltd. (HURL) is the Corporate Debtor.

DTH Infra Engineers Pvt. Ltd. is the Operational Creditor and Applicant.

The Corporate Debtor argued that there was no direct contractual relationship with the Operational Creditor.

Payments made by the Corporate Debtor were conditional and based on certification by BGR Energy Systems Limited (BGRESL).

Indemnity bonds were executed in favor of the Corporate Debtor.

The Corporate Debtor claimed the application was barred by the pecuniary threshold under Section 4 of the IBC.

…

## Issues and analysis

### Issue 1: Whether the application under …

**Ratio:** The application is not maintainable if there is no direct contractual relationship,

…

**Reasoning:** The Operational Creditor did not have a direct contract with the Corporate Debtor,

…

**Interpretation:** The essential ingredients of 'operational debt' under Section 5(21) of the Code

…

**Application:** The application was dismissed as the foundational requirement of a clear,

…

## Parties

- **Judges:** MANNI SANKARIAH…; ATUL CHAT…
- **Appellants:** DTH Infra…
- **Respondents:** Hindustan Urvarak…
- **Advocates:** Bhuvan…; Aditya Sha…

## Timeline

- **2020-02-10 — Minutes of…**: Minutes of Meeting (MOM) dated…
- **2021-09-14 — Reconciliation…**: Reconciliation statement dated 14.09.2021 was sent by BGR to the Applicant acknowledging…

## 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)

---

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/hindustan-urvarak-rasayan-ltd-c20725fd