# In the matter of Starlog Enterprises Ltd. vs. Pulkit Gupta

> NCLAT judgment dated 2025-04-03. Citation: TCN-2025-NCLAT-00130. Starlog Enterprises Ltd. filed an appeal against an order passed by the Adjudicating…

- **Court:** NCLAT
- **Order date:** 3 Apr 2025
- **Citation:** TCN-2025-NCLAT-00130
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/starlog-enterprises-ltd-vs-pulkit-gupta-99a317c7

## Summary

### Background

Starlog Enterprises Ltd. filed an appeal against an order passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai, regarding IA No.5247 of 2024. The CIRP of the corporate debtor commenced on 02.02.2024. The appellant's cranes were in the possession of the corporate debtor. A winding up proceeding against the corporate debtor commenced in 2017-18. The appellant issued invoices for hire charges, with the last invoices issued in June 2018. The appellant filed IA No.5247 of 2024 seeking various reliefs, including directing the Resolution Professional to admit the claim of the applicant and handover possession of the cranes.

## Facts

The Corporate Insolvency Resolution Process (CIRP) of the corporate debtor commenced on February 2, 2024. Starlog Enterprises Ltd., the appellant, had its cranes in the possession of the corporate debtor. A winding-up proceeding against the corporate debtor had commenced in 2017-18. Starlog Enterprises issued invoices for hire charges, with the last invoices issued in June 2018. Starlog Enterprises filed IA No.5247 of 2024, seeking the admission of their claim for hire charges and the handover of the cranes. The Adjudicating Authority rejected the application, stating that the hire charges could not be accepted as CIRP costs. Starlog Enterprises argued that the moratorium prevented them from taking possession of the cranes, prejudicially affecting their rights, and

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority committed an error in rejecting the application to treat the …

**Ratio:** CIRP costs are those costs that are permitted to be taken or utilized with the direction

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**Reasoning:** The cranes were never in use, and the Resolution Professional never permitted their use.

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**Interpretation:** CIRP costs are strictly construed and must be directly related to the

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**Application:** The Adjudicating Authority did not err in rejecting the application because the

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Starlog Enterprise…
- **Respondents:** Vadraj Ceme…; Pulkit Gupta, RP…

## Timeline

- **2017-01-01 — Winding up proceeding…**: Winding up proceeding against…
- **2018-06-01 — Last Invoice…**: Last invoices for hire charges were…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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