# M/S.CAPITAL TRADE LINKS LIMITED vs. M/S CAPABLE BUILDWELL PRIVATE LIMITED

> NCLT judgment dated 2026-08-06. Citation: TCN-2026-NCLT-00844. M/s.Capital Trade Links Limited (Financial Creditor) filed a Section 7 IBC petition against M/s…

- **Court:** NCLT
- **Order date:** 6 Aug 2026
- **Citation:** TCN-2026-NCLT-00844
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-new-delhi/mscapital-trade-links-limited-vs-ms-capable-buildwell-private-limited-okze2

## Summary

### Background

M/s.Capital Trade Links Limited (Financial Creditor) filed a Section 7 IBC petition against M/s Capable Buildwell Private Limited (Corporate Debtor) for defaulting on a loan payment of Rs. 13,55,07,055/-. The Corporate Debtor had availed a Rs. 7 Crore loan in 2017 with 24% interest, and an additional Rs. 20 Crore loan in 2022. The Corporate Debtor disputed the default, limitation period, authorization of the application, interest rate, and claimed a lower outstanding amount due to alleged payments not accounted for by the Financial Creditor.

## Facts

A petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 was filed by M/s.Capital Trade Links Limited (Financial Creditor) against M/s Capable Buildwell Private Limited (Corporate Debtor).

The petition seeks to initiate Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor.

The present petition was filed on 05.08.2024.

The Corporate Debtor has defaulted to make a payment of Rs.13,55,07,055/-.

The Corporate Debtor was incorporated on 14.09.2017.

The Financial Creditor is an RBI registered Non-Banking Financial Company and a Public Limited Company.

The Corporate Debtor approached the Financial Creditor in October 2017 for availing a loan facility.

…

## Issues and analysis

### Issue 1: Whether the present petition seeking initiation of Corporate Insolvency Resolution Process against …

**Ratio:** The Adjudicating Authority must satisfy itself regarding the existence of 'Debt' and

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**Reasoning:** The NCLT found that the twin conditions of Section 7, 'Debt' and 'Default', were

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**Interpretation:** The NCLT's role is to ascertain if a financial debt is due and a default has

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**Application:** The NCLT applied this principle, concluding that despite the Corporate Debtor's

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## Parties

- **Judges:** JYOTSNA S…; Anu Jagmoha…
- **Appellants:** M/S.CAPITAL TRADE…
- **Respondents:** M/S CAPABLE…
- **Other parties:** CA Shivanand…
- **Advocates:** Pankaj Ag…; Shashwat Srivastav…; +2 more

## Timeline

- **2017-09-14 — Corporate Debtor…**: The Corporate Debtor, M/s Capable…
- **2017-10 — Loan Facility…**: The Corporate Debtor approached the Financial…

## 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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