# 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-00359. 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-00359
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/anju-industries-vs-supervising-agency-of-rishi-ganga-power-corporation-ltd-a4bdc7b4

## 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 on 26.10.2018. However, a Resolution Plan had already been approved by a Successful Resolution Applicant and was pending consideration before the Adjudicating Authority (National Company Law Tribunal), Chandigarh Bench. The Adjudicating Authority directed that the appellant's application be treated as a representation to be decided by the Monitoring Agency. The Monitoring Agency did not respond in time, leading the appellant to file an application claiming contempt. The Adjudicating Authority dismissed the

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## Facts

Anju Industries, the appellant, 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. At that time, a Resolution Plan had already been approved and was pending consideration before the Adjudicating Authority (National Company Law Tribunal), Chandigarh Bench. The Adjudicating Authority directed that the claim be treated as a representation to be decided by the Monitoring Agency. The Monitoring Agency did not respond within a reasonable time. Subsequently, the Supervising Agency communicated on 2019-05-09 that the Resolution Plan earmarked an amount for local area Operational Creditors, but the Appellant did not fall into that category, leading to

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority was correct in rejecting the Appellant's claim during the …

**Ratio:** Once the CIRP reaches the stage of Resolution Plan consideration before the Adjudicating

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

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**Interpretation:** The interpretation is that the CIRP process has defined stages, and introducing

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**Application:** The court applied this principle to the specific facts, noting that the

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## Parties

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

## Timeline

- **2018-10-26 — Claim Fi…**: Appellant filed claim with…
- **2019-05-09 — Supervising Agency…**: Supervising Agency communicated that…

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