# In the matter of U.P. Jal Vidyut Nigam Limited vs. Ashish Chhawchharia

> NCLAT judgment dated 2025-12-11. Citation: TCN-2025-NCLAT-00614. U.P. Jal Vidyut Nigam Limited ('UPJVNL'), an operational creditor of Essar Power M.P.…

- **Court:** NCLAT
- **Order date:** 11 Dec 2025
- **Citation:** TCN-2025-NCLAT-00614
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/up-jal-vidyut-nigam-limited-vs-ashish-chhawchharia-c3325a64

## Summary

### Background

U.P. Jal Vidyut Nigam Limited ('UPJVNL'), an operational creditor of Essar Power M.P. Limited, filed an appeal against the order dated 01.11.2021 passed by the National Company Law Tribunal, Principal Bench, New Delhi in I.A. No. 2785 of 2021 in C.P. (IB) No. 863/PB/2020. The appeal concerns the classification of UPJVNL's claim as contingent and the rejection of its application for admitting the entire claim.

## Facts

U.P. Jal Vidyut Nigam Limited ('UPJVNL') is an operational creditor of Essar Power M.P. Limited.

UPJVNL filed an appeal against the order dated 01.11.2021 passed by the National Company Law Tribunal, Principal Bench, New Delhi.

The Appellant's claim pertains to unpaid invoices for water drawn by the Corporate Debtor from Rihand Reservoir.

The Corporate Debtor has challenged the legality and validity of the invoices in a writ petition before the Allahabad High Court.

The RP classified the Appellant's claim as contingent and admitted a notional value of Rs. 1.

The Corporate Debtor has been making payments to Madhya Pradesh Water Resources Department (MPWRD) for the water drawn.

…

## Issues and analysis

### Issue 1: Whether the Resolution Professional (RP) was justified in classifying the Appellant's claim as …

**Ratio:** The RP is required to admit claims notionally at Rs. 1/- if disputes are pending before

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**Reasoning:** The legality and validity of the invoices raised by the Appellant are sub-judice before

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**Interpretation:** Regulation 14 of CIRP Regulations allows the RP to make the best estimate of

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**Application:** The RP was justified in classifying the Appellant's claim as contingent and

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## Parties

- **Judges:** Naresh Sa…; Mohammad Faiz…
- **Appellants:** U.P. Jal Vidyut…
- **Respondents:** Essar Power M.P.…; Ashish Chhawchhari…; +1 more
- **Other parties:** ICICI…
- **Advocates:** Krishnendu…; Pallavi…; +14 more

## Timeline

- **01.11.2021 — Impugned…**: Order passed by the National Company Law Tribunal, Principal Bench, New Delhi in I.A. No.…
- **23.10.2009 — Agreement…**: Agreement between UPJVNL and Essar…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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