# In the matter of Gurudeo Exports Corporation Private Limited & Ors. vs. Mr. Akash Singhal Liquidator of Amira Pure Foods Pvt. Ltd. & Ors.  IA No. 701, 702 & 703 of 2021 in Company Appeal (AT) (Insolvency) No. 301 of 2021

> NCLAT judgment dated 2023-05-16. Citation: TCN-2023-NCLAT-00524. The case involves an appeal against an order dated 11.03.2021 passed by the Adjudicating…

- **Court:** NCLAT
- **Order date:** 16 May 2023
- **Citation:** TCN-2023-NCLAT-00524
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/gurudeo-exports-corporation-private-limited-ors-vs-mr-akash-singhal-liquidator-o-6f1531bf

## Summary

### Background

The case involves an appeal against an order dated 11.03.2021 passed by the Adjudicating Authority/National Company Law Tribunal, New Delhi Bench - VI, in CP-846/ND/2018 in CA No. 215 of 2020. The appellants, Gurudeo Exports Corporation Private Limited and others, filed a joint application against the Resolution Professional of Amira Pure Foods Private Limited (Corporate Debtor), seeking the return of rice stock. The Resolution Professional rejected the claims of all four applicants. The appellants claimed that they had oral business agreements with the Corporate Debtor since 01.10.2016, where they purchased rice and delivered it to the Corporate Debtor's manufacturing unit for cleaning, sorting, and packing. The Corporate Debtor was to retain 3% of the rice and return

…

## Facts

Gurudeo Exports Corporation Private Limited, Shree Kalka Global, Neon International Traders, and TLS Mercantile Pvt. Ltd. (the Appellants) claimed ownership of rice stocks held by Amira Pure Foods Private Limited (the Corporate Debtor). The Appellants asserted they had oral agreements with the Corporate Debtor for job work, where they supplied rice for processing and export. The Corporate Debtor was to retain 3% of the rice as job work charges. The Appellants sought the return of their rice after the Corporate Debtor faced insolvency proceedings. The Resolution Professional and later the Liquidator rejected their claims due to lack of verifiable documentation. The Appellants filed a joint application before the Adjudicating Authority (NCLT), which was dismissed. They

…

## Issues and analysis

### Issue 1: Whether the Liquidator was empowered to reject the lawful claims of the Appellants for the return …

**Ratio:** The Liquidator has the authority to reject claims that are not supported by sufficient

…

**Reasoning:** The Appellate Tribunal found that the Appellants' claims were not supported by concrete

…

**Interpretation:** The Liquidator's role is to verify claims and ensure that they are legitimate

…

**Application:** In this case, the Appellants' claims were based on oral agreements and lacked

…

## Parties

- **Judges:** Naresh Sa…; Rakesh Kuma…
- **Appellants:** Gurudeo Exports…
- **Respondents:** Amira Pure Foods…; Akash Singhal…

## Timeline

- **2016-10-01 — Commencement of Oral…**: Appellants claim to have started oral…
- **2018-09-01 — Process Not H…**: Appellants state that from September 2018, the Corporate Debtor did not permit the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61(1) — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/gurudeo-exports-corporation-private-limited-ors-vs-mr-akash-singhal-liquidator-o-6f1531bf