Case Details
Case Name: M/s.SS Rail Works Pvt. Ltd. vs M/s.VNR Infrastructure Limited (under liquidation)
Court/Authority: National Company Law Tribunal, Hyderabad Bench-II
Case Number: I.A. No.42 of 2022 in C.P.(IB).No.12/10/HDB/2017
Date of Order: 20.05.2026
Period of Dispute: Sub-contract agreement dated 15.07.2015, work execution 2015-2018, contract termination 23.05.2018
Parties Involved
Petitioner/Applicant: M/s.SS Rail Works Pvt. Ltd., represented by its Chief Executive Officer Mr. A. Srinivasulu Reddy
Respondent: M/s.VNR Infrastructure Limited (under liquidation), represented by its Liquidator Mr. T.S.N. Raja
Regulatory Authorities: North East Frontier Railway Authorities
Key Officials: Mr. Devendra Jain (former IRP/RP), Mr. V. Narayana Reddy (suspended Managing Director)
Issues / Allegations / Violations
- Applicant alleges Respondent/Liquidator failed to release payments of Rs. 1,58,00,000/- received from North East Frontier Railway for subcontract work executed
- Applicant claims completion of more than 30% of subcontract work valued at Rs. 46,70,31,665/- under agreement dated 15.07.2015
- Applicant received Rs. 4,65,48,456/- in on-account bills but final bill of Rs. 1,58,00,000/- remains unpaid
- Mobilization advance of Rs. 80,00,000/- drawn from NFR Authorities but not released to applicant
- Liquidator accused of violating Clause 3 of Sub-Contract Agreement by not releasing corresponding payments received from railway authorities
Findings & Observations
- Tribunal notes that Corporate Debtor was sold as "going concern" on 09.03.2020 for Rs. 12,48,70,000/- (approved 07.07.2021)
- Liquidator has not become functus officio and continues residual liquidation functions as per order in IA No.742/2021
- Dispute involves contractual claims/receivables affecting liquidation estate reconciliation and distribution
- Bill of Rs. 1,58,00,000/- disputed by Liquidator as lacking Measurement Book extracts or Railway Authority countersignature
- Multiple connected disputes pending before NCLAT including Company Appeal (AT) (Ins) No. 438 of 2019 and TA (AT) No. 176 of 2021
Penalties / Settlements / Directions
- No monetary penalties imposed in this order
- Application dismissed insofar as substantive directions against Liquidator
- Limited direction for Liquidator to include subject matter in project-wise and litigation-wise status report as directed in IA No.742/2021
- Liquidator directed to make available/hand over any available records to present management of Corporate Debtor
- No direction to admit claim, certify bills, accept measurements, or release any amount to Applicant
Corrective Actions & Future Obligations
- Liquidator must prepare comprehensive project-wise and litigation-wise status report
- Reconciliation of receivables, contractual claims, retained amounts and liabilities required
- Proper accounting, reporting and reconciliation of liquidation estate mandated
- Transmission of available records to present management of Corporate Debtor ordered
Final Ruling & Enforcement
- Application dismissed subject to observations and limited directions
- Dismissal not construed as adjudication on merits of Applicant's claim
- Applicant liberty to pursue remedies against Corporate Debtor under present management/successful going-concern purchaser
- Applicant may approach appropriate contractual, statutory or competent forums including Railway Authorities
- All rights and contentions of parties left open