# In the matter of Alfa People IT Services Pvt. Ltd. I.A. 136-2020 in C.P.(IB) No. 307-BB-2019

> NCLT judgment dated 2020-05-21. Citation: TCN-2020-NCLT-01339. The case involves an application (I.A. No. 136 of 2020) filed in C.P. (IB) No.307/BB/2019 by…

- **Court:** NCLT
- **Order date:** 21 May 2020
- **Citation:** TCN-2020-NCLT-01339
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/alfa-people-it-services-pvt-ltd-ia-136-2020-in-cpib-no-307-bb-2019-0a236502

## Summary

### Background

The case involves an application (I.A. No. 136 of 2020) filed in C.P. (IB) No.307/BB/2019 by Mr. Surender Devasani, the Interim Resolution Professional (IRP) of M/s. Alfa People IT Services Private Limited. The application was filed under Section 60(5)(c) of the IBC, 2016, read with Rule 10 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, seeking revalidation of the Tribunal's order dated 05.02.2020, which had admitted a company petition initiating Corporate Insolvency Resolution Process (CIRP) against M/s. Alfa People IT Services Ltd. The IRP claimed he was unaware of the order due to lack of communication from Ms. Amritha Jain of M/s. Singhania & Co. LLP, the advocate representing the original applicant, Learning Candid India

…

## Facts

M/s. Learning Candid India Private Limited filed CP (IB) No.307/BB/2019 under Section 7 of the IBC, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against M/s. Alfa People IT Services Ltd. The Tribunal admitted the petition on 05.02.2020 and appointed Mr. Surender Devasani as the Interim Resolution Professional (IRP). Mr. Devasani, in his capacity as IRP, filed I.A. No. 136 of 2020 seeking revalidation of the order dated 05.02.2020. He claimed that he was unaware of the order due to lack of communication from Ms. Amritha Jain of M/s. Singhania & Co. LLP, the advocate representing Learning Candid India Private Limited. The certified copy of the order was ready for collection on 07.02.2020. The IRP stated that he noticed the admission of the

…

## Issues and analysis

### Issue 1: Whether the Tribunal should revalidate its order dated 05.02.2020 admitting the company petition …

**Ratio:** The corporate insolvency process commences from the date of admission of the application

…

**Reasoning:** The Tribunal reasoned that the IRP, having given acceptance to his appointment, should

…

**Interpretation:** Section 60(5) of the Code confers jurisdiction on the Adjudicating Authority to

…

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

…

## Parties

- **Judges:** Rajeswara Rao…; Ashutosh C…
- **Appellants:** Surender De…
- **Respondents:** M/s. Alfa People…

## Timeline

- **2019-08-26 — IRP Cons…**: Mr. Surender Devasani gave consent to act as Interim Resolution Professional in respect…
- **2020-02-05 — Admission of Company…**: The Tribunal admitted CP (IB) No. 307/BB/2019 filed by M/s. Learning Candid India Private…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/alfa-people-it-services-pvt-ltd-ia-136-2020-in-cpib-no-307-bb-2019-0a236502