# In the matter of Power Grid Corporation of India Vs. Deepak Cables (India) Ltd. CA(AT)(Insolvency) 284-2019

> NCLAT judgment dated 18 Jul 2019. Citation: TCN-2019-NCLAT-00435. The appellant, Power Grid Corporation of India, filed claims as an 'Operational Creditor'…

- **Court:** NCLAT
- **Order date:** 18 Jul 2019
- **Citation:** TCN-2019-NCLAT-00435
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/power-grid-corporation-of-india-vs-deepak-cables-2e39fa13

## Summary

### Background

The appellant, Power Grid Corporation of India, filed claims as an 'Operational Creditor' against the corporate debtor, Deepak Cables (India) Limited, during its Corporate Insolvency Resolution Process. The Resolution Professional rejected these claims, leading the appellant to file applications under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, before the NCLT, Bengaluru Bench. The NCLT rejected these applications by a common order, prompting the appellant to file the present appeals.

## Facts

The appellant, Power Grid Corporation of India, filed multiple claims against the corporate debtor, Deepak Cables (India) Limited, during its Corporate Insolvency Resolution Process. The appellant asserted that the corporate debtor failed to supply goods and complete services as agreed, thus raising claims as an 'Operational Creditor'. These claims were filed region-wise, indicating a series of contractual obligations that were allegedly unfulfilled by the corporate debtor.

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## Issues and analysis

### Issue 1: Whether the appellant's claim as an 'Operational Creditor' should be decided by the NCLAT after the…

**Ratio:** Upon the commencement of liquidation, claims against the corporate debtor must be filed…

**Reasoning:** The NCLAT reasoned that since the corporate debtor was already in liquidation, the…

**Interpretation:** The court interpreted the provisions of the I&B Code to mean that once a…

**Application:** The NCLAT applied this interpretation by directing the appellant to file a…

## Parties

- **Judges:** S.J. Mukhop…; KanthiNar…
- **Advocates:** For the appellant:…; Joshua S…; +5 more

## Timeline

- **January 30, 2019 — NCLT Ord…**: The Adjudicating Authority (NCLT, Bengaluru Bench) rejected the appellant's applications…
- **July 4, 2019 — Liquidation…**: The Adjudicating Authority passed an order for the liquidation of the corporate debtor,…

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