# In the matter of GVR Infra Projects Limited

> NCLT judgment dated 2020-09-11. Citation: TCN-2020-NCLT-00638. The case involves an application filed by M/s. SC Jain Construction Private Limited, an…

- **Court:** NCLT
- **Order date:** 11 Sept 2020
- **Citation:** TCN-2020-NCLT-00638
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/gvr-infra-projects-limited-eb6c8adc

## Summary

### Background

The case involves an application filed by M/s. SC Jain Construction Private Limited, an operational creditor, against the rejection of a part-claim by the Resolution Professional (RP) of M/s. GVR Infra Projects Limited, the corporate debtor. The applicant sought the setting aside of the rejection of their claim and the allowance of damages and interest. The corporate debtor had entered into work-contract agreements with the applicant, who became a sub-contractor for laying bypass roads. Disputes arose regarding payments and claims, leading to the current application.

## Facts

M/s. SC Jain Construction Private Limited (the Applicant), an operational creditor, filed an application against the Resolution Professional (RP) of M/s. GVR Infra Projects Limited (the Corporate Debtor) due to the rejection of a part of their claim. The Applicant and the Corporate Debtor had entered into two independent "Work-Contract Agreements" on 22.12.2014, making the Applicant a "Sub-Contractor" for laying bypass roads. The CIRP of the Corporate Debtor was initiated, and the IRP was appointed on 15.10.2018. The Applicant filed a claim for Rs.12,57,02,981/- under 11 heads on 19.11.2018. The RP admitted a claim of Rs.2,93,61,906/- but rejected the remaining amount. The rejected claims included damages, interest, and amounts related to final

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## Issues and analysis

### Issue 1: Whether the rejection of the part-claim by …

**Ratio:** The Resolution Professional cannot admit a claim which has already been rejected by the

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**Reasoning:** The court reasoned that the Resolution Professional cannot override the decisions already

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**Interpretation:** This means that the RP's role is to verify and admit claims based on existing

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**Application:** The court applied this principle to Sl. No. 4, stating that the RP's decision

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## Parties

- **Judges:** R. VARADH…; S. VIJAYARA…
- **Appellants:** M/s. SC Jain…
- **Respondents:** M/s. GVR Infra…; Vandana…
- **Advocates:** Shri. N.P Vijay…; Shri. V. J Arul…

## Timeline

- **2014-12-22 — Work Contract A…**: M/s. GVR Infra Projects Limited entered into two independent "Work-Contract Agreements"…
- **2015-11-02 — Meeting on…**: A meeting was held where damages of…

## 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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