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