# In the matter of Anand Engineering Limited
Vs.
Mr. Ramachandran Subramanian Company Appeal (AT) (Insolvency) No. 335 of 2022

> NCLAT judgment dated 2022-09-20. Citation: TCN-2022-NCLAT-00196. Anand Engineering Limited (formerly Bajaj Infrastructure Development Company Limited) filed…

- **Court:** NCLAT
- **Order date:** 20 Sept 2022
- **Citation:** TCN-2022-NCLAT-00196
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/anand-engineering-limited-vs-mr-ramachandran-subramanian-company-appeal-ffe92119

## Summary

### Background

Anand Engineering Limited (formerly Bajaj Infrastructure Development Company Limited) filed an appeal against the order dated 21.02.2022 passed by the National Company Law Tribunal (NCLT), New Delhi Bench-II, which dismissed Company Appeal No.04/2022. The appeal challenges the decision of the Liquidator dated 07.01.2022 rejecting the claim of the Appellant. The Appellant had contracts with Tecpro Systems Limited, against whom CIRP was initiated in 2017. A demand notice was issued to Bajaj Infrastructure Development Co. Ltd. in 2017, which was replied to, pointing out the arbitration clause. CIRP was initiated against the Corporate Debtor in 2017. The Adjudicating Authority directed for Liquidation of the Corporate Debtor in 2020, and a Liquidator was appointed. The

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## Facts

Bajaj Infrastructure Development Co. Ltd. (now Anand Engineering Limited) entered into contracts with Tecpro Systems Limited for execution of certain works as a sub-contractor in 2010-2011. In 2017, Corporate Insolvency Resolution Process (CIRP) was initiated against Tecpro Systems Limited. A demand notice dated 13.03.2017 was issued to Bajaj Infrastructure Development Co. Ltd. raising a demand of Rs.13,68,28,348. Bajaj Infrastructure Development Co. Ltd. replied to the demand notice, pointing out the arbitration clause. On 05.08.2017, a notice of arbitration was issued by Bajaj Infrastructure Development Co. Ltd. On 07.08.2017, CIRP was initiated against the Corporate Debtor. The IRP informed Bajaj Infrastructure Development Co. Ltd. of the CIRP initiation and

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority committed an …

**Ratio:** The Adjudicating Authority should consider the detailed correspondence exchanged between

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**Reasoning:** The Adjudicating Authority failed to take into consideration the detailed correspondence

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**Interpretation:** The Adjudicating Authority should not dismiss an appeal without considering all

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**Application:** In this case, the Adjudicating Authority committed an error in dismissing the

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## Parties

- **Judges:** Ashok Bh…; M. Satyanarayana…; +1 more
- **Appellants:** Anand Engineering…
- **Respondents:** Tecpro Systems…; Ramachandran…

## Timeline

- **2010-01-01 — Contract A…**: Appellant awarded contracts to Tecpro Systems Limited for execution of certain works as a…
- **2017-01-01 — CIRP Init…**: Corporate Insolvency Resolution Process (CIRP) was initiated against Tecpro Systems…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 42 — Appeal against the decision of liquidator](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-42)

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