# In the matter of NTPC Ltd. (Sipat Project) Vs. Rajiv Chakraborty CA(AT)(Ins)No. 491-495 of 2020

> NCLAT judgment dated 2020-06-02. Citation: TCN-2020-NCLAT-00246. This case involves a batch of five appeals filed by Operational Creditors against an order…

- **Court:** NCLAT
- **Order date:** 2 Jun 2020
- **Citation:** TCN-2020-NCLAT-00246
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ntpc-ltd-sipat-project-vs-rajiv-chakraborty-ca-0c8648f5

## Summary

### Background

This case involves a batch of five appeals filed by Operational Creditors against an order passed by the Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi. The Adjudicating Authority had dismissed the applications moved by the Appellants, observing that information relating to disputes with the Corporate Debtor, including claims arising out of loss or damages, should be reflected in the Information Memorandum. The Appellants challenged this order, arguing that their claims should not be rejected.

## Facts

NTPC Ltd. (Sipat Project), NTPC Ltd. (Formally Known as National Thermal Power Corporation Ltd.), NTPC Ltd. (Simhadri Project), NTPC Ltd. (Ramagundam Project), and Aravali Power Company Pvt. Ltd. filed appeals as Operational Creditors. The appeals challenged an order by the Adjudicating Authority (National Company Law Tribunal) dismissing their applications. The Adjudicating Authority held that disputes related to claims arising out of loss or damages should be reflected in the Information Memorandum. The Appellants argued that their claims should not be rejected. The appeals were consolidated and heard together. The impugned order was dated February 10, 2020. The Resolution Professional is Rajiv Chakraborty, I.R.P. of Era Infra Engineering Ltd.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in dismissing the applications of the Operational …

**Ratio:** The Resolution Professional is not an Adjudicating Authority empowered to admit or reject

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**Reasoning:** The court reasoned that the Resolution Professional's role is primarily to collect and

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**Interpretation:** This clarifies the limited role of the Resolution Professional in the claim

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**Application:** The ratio applies directly to the facts, indicating that the Adjudicating

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## Parties

- **Judges:** Bansi Lal…; Anant Bijay…; +1 more
- **Appellants:** NTPC Ltd. (Sipat…
- **Respondents:** Era Infra…; Rajiv Chakr…

## Timeline

- **2020-02-10 — Impugned…**: The Adjudicating Authority (National Company Law Tribunal) passed an order dismissing the…
- **2020-06-02 — Order Da…**: The NCLAT dismissed the appeals…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 31 — Approval of resolution plan](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-31)

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