# In the matter of Saraogi Udyog Pvt. Ltd. Vs Vedanta Ltd. & Ors. CA (AT) No. 265-2018

> NCLAT judgment dated 2018-08-06. Citation: TCN-2018-NCLAT-00165. The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT)…

- **Court:** NCLAT
- **Order date:** 6 Aug 2018
- **Citation:** TCN-2018-NCLAT-00165
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/saraogi-udyog-pvt-ltd-vs-vedanta-ltd-ors-ca-56c67ac5

## Summary

### Background

The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT) concerning the allocation of amounts to financial and operational creditors in an insolvency proceeding. The appellant is Saraogi Udyog Pvt. Ltd., and the respondent is Vedanta Ltd. & Ors. The core issue revolves around whether operational creditors are entitled to a higher amount than the minimum value, especially when the liquidation value is assessed as zero.

## Facts

Saraogi Udyog Pvt. Ltd. filed an appeal against Vedanta Ltd. & Ors. before the NCLAT. The appeal concerns the allocation of funds between financial and operational creditors in an insolvency resolution process. A key fact is that the liquidation value is claimed to be zero. The tribunal is questioning whether operational creditors are entitled to a higher amount than the minimum prescribed under the Insolvency and Bankruptcy Code, especially when the liquidation value is zero. The Resolution Applicant, Vedanta Ltd., is instructed to provide details on the percentage of amount allocated to financial and operational creditors. The State Bank of India, as a member of the Committee of Creditors, will also be heard.

## Issues and analysis

### Issue 1: Whether operational creditors are entitled to a higher amount than the minimum prescribed under the …

**Ratio:** The ratio is based on the interpretation of the Insolvency and Bankruptcy Code (IBC) and

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**Reasoning:** The court's reasoning is centered on understanding the intent of the IBC regarding the

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**Interpretation:** The interpretation involves analyzing the relevant sections of the IBC to

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**Application:** The application involves applying the interpreted principles to the specific

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Saraogi Udyog…
- **Respondents:** Vedanta…
- **Advocates:** Saurav…; Arun Kath…; +4 more

## Timeline

- **2018-08-06 — Hearing and…**: The NCLAT heard the learned counsel for the parties and condoned the delay in filing the…
- **2018-08-20 — Next Listin…**: The case is to be listed along with…

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