# In the matter of Era Infra Engineering Limited (IB)-190(PB)-2017

> NCLT judgment dated 2019-05-22. Citation: TCN-2019-NCLT-03217. The case involves an application (CA-952(PB)/2019) before the National Company Law Tribunal…

- **Court:** NCLT
- **Order date:** 22 May 2019
- **Citation:** TCN-2019-NCLT-03217
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/era-infra-engineering-limited-ib-190pb-2017-b8f1b529

## Summary

### Background

The case involves an application (CA-952(PB)/2019) before the National Company Law Tribunal (NCLT), New Delhi, Principal Bench, concerning Union Bank of India as the applicant/petitioner and Era Infra Engineering Limited as the respondent. The application relates to an order under Section 7 of the Insolvency & Bankruptcy Code, 2016 (CIRP). The Resolution Professional's counsel, Mr. Atul Sharma, stated that a reply to the application was unnecessary due to a similar statement already made in a related application (CA-1224(PB)/2018).

## Facts

Union Bank of India filed an application under Section 7 of the Insolvency & Bankruptcy Code, 2016, against Era Infra Engineering Limited. A similar application, CA-1224(PB)/2018, was previously considered. The Resolution Professional's counsel, Mr. Atul Sharma, stated that the Arbitral Tribunal could hear claims and counterclaims but no recovery could be made from the corporate debtor during the moratorium period. This concession was made without prejudice to the rights of the corporate debtor. The NCLT disposed of the application, directing the Arbitral Tribunal to proceed accordingly. The judgment dated 2018-08-03 rendered by the National Company Appellate Law Tribunal in Company Appeal (AT) (Insolvency) No. 285/2018 is relevant to the claim.

## Issues and analysis

### Issue 1: Whether the Arbitral Tribunal can proceed with hearing claims and counterclaims against the …

**Ratio:** The ratio is that the Arbitral Tribunal can proceed with hearing claims and counterclaims

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**Reasoning:** The court reasoned that the Resolution Professional's counsel conceded that the Arbitral

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**Interpretation:** This interprets the Insolvency & Bankruptcy Code, 2016, as not preventing

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**Application:** The ratio and reasoning apply to the specific facts by allowing the Arbitral

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## Parties

- **Judges:** M. M. K…; S. K. MOH…
- **Appellants:** Union Bank of…
- **Respondents:** Era Infra…
- **Advocates:** Atul Sh…; Abhishek…; +1 more

## Timeline

- **2018-08-03 — NCLAT Jud…**: Judgment dated 03.08.2018 rendered by the National Company Appellate Law Tribunal in…
- **2018-12-07 — Consideration of…**: CA-1224(PB)/2018 came…

## 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)

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