# In the matter of Anil Special Steel Industries Limited IA No. 01,27,28 & 29-JPR-2019 In CP No. (IB)- 35(ND)-2018 & TA No. 118-2018

> NCLT judgment dated 2021-07-16. Citation: TCN-2021-NCLT-01697. The case involves multiple applications (IA No. 27/JPR/2019, IA No. 28/JPR/2019, and IA No.…

- **Court:** NCLT
- **Order date:** 16 Jul 2021
- **Citation:** TCN-2021-NCLT-01697
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/anil-special-steel-industries-limited-ia-no-012728-29-jpr-2019-in-cp-no-ib-35nd-5e58ff85

## Summary

### Background

The case involves multiple applications (IA No. 27/JPR/2019, IA No. 28/JPR/2019, and IA No. 29/JPR/2019) filed by representatives of employees/ex-employees and workmen of Anil Special Steel Industries Limited in IA No. 01/JPR/2019, seeking to implead themselves. These applications were filed under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, read with Rule 11 of the National Company Law Tribunal Rules, 2016. The CIRP was initiated against Anil Special Steel Industries Limited based on an application filed by Sardar Singh on behalf of the workmen. The CoC approved a resolution plan, which was then submitted to the Adjudicating Authority for approval. The applicants sought clarity on whether their claims were admitted by the RP and CoC and whether the total

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## Facts

An application for initiation of CIRP of Anil Special Steel Industries Limited was filed by Sardar Singh on behalf of the workmen and was admitted on 05.03.2018. Mr. Brij Kishore Sharma was appointed as Interim Resolution Professional (IRP), and a moratorium was declared. Mr. Vikram Bajaj replaced the IRP on 14.05.2018. The applicants, representing employees/ex-employees and workmen, filed claims with the IRP, which were admitted. The CoC approved a resolution plan, which was filed before the Adjudicating Authority for approval. The ex-employees and workmen filed IA No. 27/JPR/2019, IA No. 28/JPR/2019, and IA No. 29/JPR/2019 seeking to implead themselves in IA No. 01/JPR/2019, which was filed by the Resolution Professional for approval of the resolution plan. Unit 1 of

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## Issues and analysis

### Issue 1: Whether the claims of the ex-employees and workmen have any bearing on the application for approval …

**Ratio:** The Adjudicating Authority determined that the claims of the applicants did not have any

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**Reasoning:** The court reasoned that the applicants should pursue their claims with the purchaser of

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**Interpretation:** This implies that the liabilities associated with Unit-1, which was sold under

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**Application:** The court applied this reasoning to dismiss the applications (IA No.

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## Parties

- **Judges:** Ajay Kumar…; RAGHU N…; +1 more
- **Appellants:** Rajendra…
- **Respondents:** Anil Special…; COC through…

## Timeline

- **2018-03-05 — CIRP Init…**: Application for initiation of CIRP of the Corporate Debtor filed by Sardar Singh on…
- **2018-05-14 — RP Appoin…**: Mr. Vikram Bajaj…

## 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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