# In the matter of AML Power and Steel Ltd. MA-193-2019 In CP-632-IB-2017

> NCLT judgment dated 2019-03-14. Citation: TCN-2019-NCLT-04420. The application was moved by the applicant under Section 60(5) of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 14 Mar 2019
- **Citation:** TCN-2019-NCLT-04420
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/aml-power-and-steel-ltd-ma-193-2019-in-cp-632-ib-2017-95ddb8c8

## Summary

### Background

The application was moved by the applicant under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, stating that the Resolution Professional has not yet considered the claim made by the applicant. The Resolution Professional admitted that the claim has not been considered.

## Facts

The applicant filed an application under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, stating that the Resolution Professional had not yet considered their claim. The Resolution Professional admitted that the claim had not been considered. This admission is a key fact because it forms the basis for the court's order directing the Resolution Professional to consider the claim.

## Issues and analysis

### Issue 1: Whether the Resolution Professional is obligated to consider the claim made by the applicant under …

**Ratio:** The Resolution Professional is bound to consider the claim either by rejection,

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**Reasoning:** The court reasoned that since the Resolution Professional admitted that the claim had not

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**Interpretation:** Section 60(5) of the Insolvency and Bankruptcy Code, 2016, provides a mechanism

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

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## Parties

- **Judges:** B.S.V. Prakash…; S. VIJAYARA…
- **Appellants:** K.S.TRADING AND…
- **Respondents:** AML STEEL & PVT…

## Timeline

- **2019-03-14 — Hearing…**: Hearing held at 10:30…
- **2017-01-01 — Petition…**: CP/632/IB/201…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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