# In the matter of Anju Industries vs. Supervising Agency of Rishi Ganga Power Corporation Ltd.

> NCLAT judgment dated 2020-03-03. Citation: TCN-2020-NCLAT-00357. The case involves an appeal against an order where the appellant's claim was rejected during…

- **Court:** NCLAT
- **Order date:** 3 Mar 2020
- **Citation:** TCN-2020-NCLAT-00357
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/anju-industries-vs-supervising-agency-of-rishi-ganga-power-corporation-ltd-1add5edc

## Summary

### Background

The case involves an appeal against an order where the appellant's claim was rejected during the Corporate Insolvency Resolution Process (CIRP) of Rishi Ganga Power Corporation Ltd. The appellant, Anju Industries, filed its claim with the Resolution Professional after the Resolution Plan had already been approved by the Successful Resolution Applicant and was pending consideration before the Adjudicating Authority. The Adjudicating Authority directed that the application be treated as a representation to be decided by the Monitoring Agency. Subsequently, the Supervising Agency communicated that the Resolution Plan earmarked funds for local area Operational Creditors, but the Appellant did not fall into that category, leading to the rejection of the claim.

## Facts

Anju Industries, through its proprietor Sanjeev Verma, filed a claim during the Corporate Insolvency Resolution Process (CIRP) of Rishi Ganga Power Corporation Ltd. The claim was submitted to the Resolution Professional on 2018-10-26, after the Resolution Plan had already been approved by the Successful Resolution Applicant and was pending consideration before the Adjudicating Authority (National Company Law Tribunal), Chandigarh Bench. The Adjudicating Authority directed that the application be treated as a representation to be decided by the Monitoring Agency. The Supervising Agency communicated on 2019-05-09 that the Resolution Plan earmarked funds for local area Operational Creditors, but Anju Industries did not fall into that category, leading to the rejection of

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in rejecting the Appellant's claim during the CIRP when …

**Ratio:** Once the Corporate Insolvency Resolution Process (CIRP) has reached the stage where a

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**Reasoning:** The court reasoned that allowing new claims at such a late stage in the CIRP would

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**Interpretation:** This legal principle emphasizes the importance of adhering to the established

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**Application:** In this case, the Appellant's claim was filed after the Resolution Plan had

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## Parties

- **Judges:** A.I.S. C…; Anant Bijay…; +2 more
- **Appellants:** Anju Indu…
- **Respondents:** Rishi Ganga Power…; Supervising…

## Timeline

- **2018-10-26 — Claim Fi…**: Appellant filed claim with…
- **2019-05-09 — Supervising Agency…**: Supervising Agency communicated that the Resolution Plan earmarked funds for local area…

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