# In the matter of Vish Wind Infrastructure LLP vs. Shailen Shah

> NCLAT judgment dated 2023-11-09. Citation: TCN-2023-NCLAT-00084. The case involves an appeal against an order dated 24.01.2023 passed by the Adjudicating…

- **Court:** NCLAT
- **Order date:** 9 Nov 2023
- **Citation:** TCN-2023-NCLAT-00084
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/vish-wind-infrastructure-llp-vs-shailen-shah-a6d2db83

## Summary

### Background

The case involves an appeal against an order dated 24.01.2023 passed by the Adjudicating Authority (National Company Law Tribunal), Ahmedabad Bench, Court-I, which rejected IA No.525 of 2022 filed by the Appellant. The Appellant, Vish Wind Infrastructure LLP, had entered into an agreement with Wind World India Limited (Corporate Debtor) for the supply of Wind Turbine Generators (WTGs). The Appellant made advance payments for the supply of 26 WTGs. Subsequently, CIRP was initiated against the Corporate Debtor on 20.02.2018. The Appellant filed a claim of Rs.132,70,44,653/- in the CIRP, which was admitted by the Resolution Professional (RP). The Appellant requested the RP to supply the WTGs, but the RP rejected the request, stating that the Appellant owed the Corporate

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## Facts

Vish Wind Infrastructure LLP (Appellant) entered into an agreement with Wind World India Limited (Corporate Debtor) for the supply of Wind Turbine Generators (WTGs). The Appellant made an advance payment of Rs.132,70,44,653/- for the supply of 26 WTGs. Subsequently, Corporate Insolvency Resolution Process (CIRP) was initiated against the Corporate Debtor on 20.02.2018. The Appellant filed a claim of Rs.132,70,44,653/- in the CIRP, which was admitted by the Resolution Professional (RP). The Appellant requested the RP to supply the WTGs against the advance payment, but the RP rejected the request, stating that the Appellant owed the Corporate Debtor Rs.74,94,60,745/- along with interest. The RP also stated that the RP was running the Corporate Debtor as a going concern.

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority committed an error in rejecting IA No.525 of 2022 filed by the …

**Ratio:** The Resolution Professional (RP) is under obligation to protect the assets of the

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**Reasoning:** The NCLAT reasoned that the decision of the RP refusing to handover the 26 WTGs was a

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**Interpretation:** This issue involves interpreting the powers and duties of the RP under the IBC,

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**Application:** The ratio and reasoning are applied to the specific facts of the case, where

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Vish Wind…
- **Respondents:** WIND WORLD…; Shailen…

## Timeline

- **2010-03-03 — Agreement…**: Agreement entered between Appellant and…
- **2018-02-20 — CIRP Init…**: Corporate Insolvency Resolution Process (CIRP)…

## 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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