# In the matter of Jharkahdn Bijli Vitran Nigam Ltd. Vs. IVRCL Ltd. (Corporate Debtor) & Anr. CA (AT) (Insolvency) No. 285-2018

> NCLAT judgment dated 2018-08-03. Citation: TCN-2018-NCLAT-00168. The case involves an appeal regarding whether a counter claim can proceed during the…

- **Court:** NCLAT
- **Order date:** 3 Aug 2018
- **Citation:** TCN-2018-NCLAT-00168
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/jharkahdn-bijli-vitran-nigam-ltd-vs-ivrcl-ltd-0422694d

## Summary

### Background

The case involves an appeal regarding whether a counter claim can proceed during the moratorium period under the Insolvency and Bankruptcy Code. The Adjudicating Authority (National Company Law Tribunal) had allowed the Corporate Debtor to pursue its claim before the Arbitral Tribunal. The appellant contends that the determination of the counter claim should have been decided by the Adjudicating Authority, not left open to the Arbitral Tribunal.

## Facts

Jharkhand Bijli Vitran Nigam Ltd. filed an appeal against IVRCL Ltd. (Corporate Debtor) & Anr. The core issue revolves around a counter claim during the moratorium period. The Adjudicating Authority allowed IVRCL Ltd. to pursue its claim before the Arbitral Tribunal. Jharkhand Bijli Vitran Nigam Ltd. argues that the Adjudicating Authority should have decided the counter claim, not the Arbitral Tribunal. The Resolution Professional has no objection to the Arbitral Tribunal deciding the counter claim. The court noted that the claim of the Corporate Debtor can only be determined after the determination of the counter claim made by the Appellant in the same arbitral proceeding. The court also stated that if the Corporate Debtor is found liable to pay a certain amount,

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## Issues and analysis

### Issue 1: Whether a counter claim can proceed during the period of ‘Moratorium’ while the Adjudicating …

**Ratio:** The legal principle is that both the claim and counter claim should be heard together by

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**Reasoning:** The court reasoned that the claim of the Corporate Debtor can only be determined after

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**Interpretation:** This interprets the interaction between the moratorium period under the

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**Application:** The ratio and reasoning are applied to allow the Arbitral Tribunal to proceed

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Jharkhand Bijli…
- **Respondents:** IVRCL…
- **Advocates:** Navin K…; Himanshu S…; +5 more

## Timeline

- **2018-07-11 — Matter Ta…**: On 11th July, 2018, the matter was taken up and the question arose for consideration…
- **2018-08-03 — Case Posted for…**: The case was posted for…

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