# KSS Petron Private Limited vs. Bhubaneshwar Expressways Private Limited

> NCLT judgment dated 2026-07-10. Citation: TCN-2026-NCLT-00771. The application (IA-2392/ND/2026) was filed by Feedback Highways OMT (P) Ltd and Sayam Shares…

- **Court:** NCLT
- **Order date:** 10 Jul 2026
- **Citation:** TCN-2026-NCLT-00771
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-new-delhi/kss-petron-private-limited-vs-bhubaneshwar-expressways-private-limited-0usd1

## Summary

### Background

The application (IA-2392/ND/2026) was filed by Feedback Highways OMT (P) Ltd and Sayam Shares and Securities (P) Ltd. seeking to justify the impleadment of 78 respondents in IA No. 5254 of 2025 and 49 respondents in IA No. 5800 of 2025 as necessary or proper parties. They also sought directions for issuing notice to these parties or recalling a previous order dated 25.05.2026 that only issued notice to Respondent Nos. 1 and 2. Feedback Highways OMT (P) Ltd is an operational creditor of the corporate debtor, Bhubaneshwar Expressways (P) Ltd, with an outstanding amount of Rs. 1,62,42,806.20p. Sayam Shares and Securities (P) Ltd is an assignee of Feedback Highways' claim. The main case is a Section 7 IBC petition by KSS Petron Private Limited against Bhubaneshwar

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## Facts

IA-2392/ND/2026 was filed by Feedback Highways OMT (P) Ltd and Sayam Shares and Securities (P) Ltd.

Feedback Highways OMT (P) Ltd is an operational creditor of Bhubaneshwar Expressways (P) Ltd.

An amount of Rs. 1,62,42,806.20p is shown as outstanding to Feedback Highways OMT (P) Ltd in the corporate debtor's audited balance sheets as on 31-03-2022 and 31-03-2023.

Feedback Highways OMT (P) Ltd disputes this amount, claiming it was closer to Rs. 3.30 crores in 2016, including two unreasonably and illegally invoked and encashed bank guarantees not shown to its credit.

Sayam Shares and Securities (P) Ltd is an assignee of Feedback Highways OMT (P) Ltd's claim of Rs. 1,60,42,806.20p.

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## Issues and analysis

### Issue 1: Whether the 78 respondents in IA No. 5254 of 2025 and 49 respondents in IA No. 5800 of 2025 are …

**Ratio:** A necessary party is one without whom no effective order can be passed; a proper party is

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**Reasoning:** The Tribunal relied on Supreme Court judgments (Udit Narain Singh Malpaharia, Razia

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**Interpretation:** The NCLT, while not strictly bound by CPC, is guided by principles of natural

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**Application:** The Tribunal found that a substantial number of the 78/49 respondents did not

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## Parties

- **Judges:** SH. ASHOK KUMAR…; SH. ATUL CHATURVED…
- **Appellants:** Feedback Highways…; Sayam Shares and…; +1 more
- **Respondents:** Bhubaneshwar…; Bhubaneshwar…; +77 more
- **Other parties:** COC-ESSAR Steel…; Bhanu…; +6 more
- **Advocates:** Ashim…; Anannya…; +19 more

## Timeline

- **2015-16 — Outstanding Amount…**: Feedback Highways OMT (P) Ltd's outstanding amount was reflected in the corporate…
- **2016 — Disputed…**: The actual amount due to Feedback Highways OMT (P) Ltd was closer to Rs. 3.30 crores,…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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