# In the matter of Claro Energy Private Limited (IB)-08(ND)-2019

> NCLT judgment dated 2021-04-13. Citation: TCN-2021-NCLT-02393. The case pertains to an application filed by M/S Arihant Trading Company against M/S Claro…

- **Court:** NCLT
- **Order date:** 13 Apr 2021
- **Citation:** TCN-2021-NCLT-02393
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/claro-energy-private-limited-ib-08nd-2019-9ab545be

## Summary

### Background

The case pertains to an application filed by M/S Arihant Trading Company against M/S Claro Energy Private Limited under Section 9 of the Insolvency & Bankruptcy Code. The corporate debtor, Claro Energy Private Limited, was already admitted under C.P. No. (IB)-2992(ND)/2019 on 13.04.2021, and the Corporate Insolvency Resolution Process (CIRP) is in progress.

## Facts

M/S Arihant Trading Company filed an application against M/S Claro Energy Private Limited under Section 9 of the Insolvency & Bankruptcy Code. The corporate debtor, Claro Energy Private Limited, had already been admitted into the Corporate Insolvency Resolution Process (CIRP) under C.P. No. (IB)-2992(ND)/2019 on 13.04.2021. The applicant is now directed to file their claim before the Interim Resolution Professional (IRP). The order also addresses the contingency where the initial order of admission is set aside by a higher court, granting the applicant the liberty to revive their application.

## Issues and analysis

### Issue 1: Whether the applicant's claim should be considered by the Interim Resolution Professional (IRP) in …

**Ratio:** The legal principle is that claims must be filed and considered in accordance with the

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**Reasoning:** The court reasoned that since the CIRP had already commenced, the applicant should file

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**Interpretation:** This interprets the IBC to mean that once CIRP is initiated, all claims must be

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**Application:** The court applied this principle by directing M/S Arihant Trading Company to

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## Parties

- **Judges:** DEEPTI M…; SUMITAPURKA…
- **Appellants:** M/S Arihant…
- **Respondents:** Claro Energy…; M/S Claro Energy…
- **Advocates:** Nattasha…

## Timeline

- **2019-01-01 — C.P. (IB)-2992(ND)/2019…**: Filing of C.P. (IB)-2992(ND)/2019…
- **2021-04-13 — Admission of C.P.…**: C.P. (IB)-2992(ND)/2019 against Claro Energy Private Limited was admitted, and the CIR…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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