# In the matter of Dunar Foods Limited IA 661,1114 & 1327-2020 In CP (IB) 1138-MB-2017

> NCLT judgment dated 2021-04-30. Citation: TCN-2021-NCLT-02247. The case involves multiple Interlocutory Applications (IAs) filed in connection with the…

- **Court:** NCLT
- **Order date:** 30 Apr 2021
- **Citation:** TCN-2021-NCLT-02247
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/dunar-foods-limited-ia-6611114-1327-2020-in-cp-ib-1138-mb-2017-7601ad6e

## Summary

### Background

The case involves multiple Interlocutory Applications (IAs) filed in connection with the Corporate Insolvency Resolution Process (CIRP) of Dunar Foods Limited. State Bank of India initiated the CIRP by filing a petition, which was admitted on 22.12.2017. Anil Kohli was appointed as the Interim Resolution Professional and later confirmed as the Resolution Professional. Amit Gupta was approved as the Successful Resolution Applicant (SRA) on 26.11.2019. The SRA filed IAs seeking modifications to the resolution plan, primarily concerning the timeline for payments and the removal of attachments and encumbrances on the corporate debtor's assets. State Bank of India also filed an IA seeking the pronouncement of an order related to IA No. 661 of 2020.

## Facts

State Bank of India (SBI) initiated Corporate Insolvency Resolution Process (CIRP) against Dunar Foods Limited by filing C.P. (IB) 1138 (MB)/2017. The petition was admitted on 22.12.2017, and Mr. Anil Kohli was appointed as the Interim Resolution Professional (IRP), later confirmed as Resolution Professional (RP). Mr. Amit Gupta emerged as the Successful Resolution Applicant (SRA), with his resolution plan approved on 26.11.2019. The approved resolution plan initially allowed 30 months for payment. The RP filed an application for rectification of an error in the order, which was rectified on 27.01.2020, reducing the payment period to 3 months. The SRA was not notified of this rectification. The SRA made payments totaling Rs. 29.35 Crore, including EMD and performance

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## Issues and analysis

### Issue 1: Whether the time period for making payments under the Resolution Plan should be reckoned from …

**Ratio:** The Adjudicating Authority has the power to rectify typographical errors or inadvertent

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**Reasoning:** The court noted that the initial order approving the Resolution Plan contained a

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**Interpretation:** This issue involves the interpretation of the Adjudicating Authority's power to

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**Application:** The court applied the ratio by partly allowing IA No. 661 of 2020, modifying

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## Parties

- **Judges:** Harihar Prakash…; RavikumarDu…
- **Appellants:** Amit G…
- **Respondents:** Dunar Foods…; Anil K…
- **Advocates:** Kevic Set…; Akash Shah…; +3 more

## Timeline

- **2017-12-22 — CIRP Comm…**: The Corporate Insolvency Resolution Process…
- **2017-12-26 — Provisional Attachment…**: Directorate of Enforcement, Mumbai Zonal Office issued Provisional Attachment Order (PAO)…

## 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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