# In the matter of Ansal Urban Condominiums Private Limited & Ors.

> NCLAT judgment dated 2024-04-12. Citation: TCN-2024-NCLAT-00511. The application IA-5019/2023 was filed under Section 60(5) of the Insolvency and Bankruptcy…

- **Court:** NCLAT
- **Order date:** 12 Apr 2024
- **Citation:** TCN-2024-NCLAT-00511
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ansal-urban-condominiums-private-limited-ors-0f4466b9

## Summary

### Background

The application IA-5019/2023 was filed under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, read with Rule 11 of NCLT Rules, 2016, by M/s. Knight Watch Security Private Limited, seeking directions to the Resolution Professional for verification and admission of their claim as an Operational Creditor of the Corporate Debtor. The Corporate Debtor had engaged the security services of the Applicant vide Agreement dated 01.12.2016. The CIRP was initiated on 10.03.2022. The applicant filed a claim in Form B with the Resolution Professional on 05.07.2023, which was rejected on 11.07.2023, as being filed beyond the last date of submission of claims.

## Facts

M/s. Knight Watch Security Private Limited (Applicant) provided security services to M/s. Ansal Urban Condominiums Private Limited (Corporate Debtor) under an agreement dated 01.12.2016. The Corporate Debtor allegedly failed to pay outstanding dues of Rs. 3,09,571/- since 01.05.2017. The CIRP against the Corporate Debtor commenced on 10.03.2022. The Resolution Professional made a public announcement on 14.03.2022, with a last date for submission of claims being 24.03.2022. The Applicant filed its claim in Form B on 05.07.2023, which was rejected by the Resolution Professional on 11.07.2023, due to a delay of 450 days. The Applicant had also filed a case before the MSME on 20.04.2021, prior to the commencement of CIRP, for the same outstanding dues. The Resolution Plan

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## Issues and analysis

### Issue 1: Whether the Resolution Professional was justified in rejecting the Applicant's claim due to the …

**Ratio:** The settled principle of law, as held by the Supreme Court in Essar Steel India Limited

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**Reasoning:** The court reasoned that allowing belated claims would delay the CIRP process and create

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**Interpretation:** This issue concerns the interpretation of the IBC and related regulations

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**Application:** In this case, the Applicant filed its claim with a delay of 450 days. Applying

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## Parties

- **Judges:** BACHU VENKAT…; ATUL CHAT…
- **Appellants:** M/s. Knight Watch…
- **Respondents:** M/s. Ansal Urban…

## Timeline

- **2016-12-01 — Agreement…**: Corporate Debtor engaged the security…
- **2017-05-01 — Outstandin…**: Alleged outstanding dues of Rs.…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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